MOUMITA MAHATA AND ORS vs STATE OF WEST BENGAL AND ORS.

Form No. J(2)

IN THE HIGH COURT AT CALCUTTA
Constitutional Writ Jurisdiction
Appellate Side
Present :
The Hon’ble Justice Rishad Medora
WPA 31419 of 2026



Moumita Mahata Ors.
-Versus-
The State of West Bengal & Ors.

For the petitioners : Mr. Biswarup Nandy


For the State : Mr. Falguni Bandopadhyay. Ld.
Sr.Govt. Adv.
Ms. Amrita Pandey.
Mr. Ghanshyam Pandey.
Ms. Ayushi Mishra.


Heard On: : 09.11.2026.


Judgment On: : 09.11.2026.


Rishad Medora, J.

1. Affidavit-of-service filed today is taken on record.
2. The petitioners have filed the present writ petition praying for, inter
alia, a writ of mandamus directing the Director of Health Services, West
Bengal to consider the case of the petitioners for their home district
placement and they have assailed a reasoned order dated February 9,
2026 passed by the said Director of Health Services, West Bengal in
this regard.

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3.
The petitioners are presently serving as Health Assistants (Female) in
the Department of Health and Family Welfare, Government of West
Bengal. The petitioners are essentially seeking transfer from their
respective positions / posts to the districts of Bankura and Purulia,
being their home districts.
4. The petitioners had earlier filed a writ petition before this Court praying
for such transfer and by an order dated December 31, 2025, a Co-
ordinate Bench of this Court had disposed of such writ petition by
directing the Director of Health Services, West Bengal to consider the
prayer of the petitioners. Such prayer was considered and ultimately,
by a reasoned order dated February 9, 2026, such request for transfer
was rejected.
5.
The respondent no. 3 has rejected the prayer of the petitioners on the
ground that the concerned authority of the West Bengal Nursing
Services under the Department of Health and Family Welfare,
Government of West Bengal is facing a real challenge to maintain
overall balance of requirement of Health Assistant (Female) employees
in different districts of West Bengal and the requests of the petitioners.
6. It is also recorded in the aforesaid order dated February 9, 2026 that
the said Department has to consider public interest first and foremost
at the time of preparation of posting orders. The impugned order also
records that there is a clear imbalance between the number of vacant
Sub-Centres and the availability of eligible Health Assistant (Female)
staff belonging to the same districts. In view of the same, the said
Department rejected the request of the petitioners by holding that he

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had no other alternative but to persist with the existing order of the
Director of Health Services, Government of West Bengal (Memo No.
HNG/9T-6A-2015/116 dated January 29, 2024).

7. Learned advocate representing the petitioners has relied upon several
orders passed in similar matters, copies whereof have been annexed to
the present writ petition.
8. Learned advocate representing the State respondents has also relied on
orders passed by this Court in similar matters.
9. I have considered the materials on record as well as the submissions
made by the learned advocates representing the parties.
10. As has been held by this Court earlier, the provision of the aforesaid
Circular/Memo dated January 29, 2024 relating to completion of three
years of service by a Health Assistant (Female) before seeking transfer
is directory in nature. Similarly, the provision of Circular/Memo dated
July 31, 2026, bearing Memo No. HNG/9T-6A-2015/986, relating to
completion of three years of service by a Health Assistant (Female)
before seeking transfer is also directory in nature. The years of service
prior to seeking transfer cannot be a disabling or disentitling factor.
11. The contention of the State that Sub-Centres cannot be left without
any Health Assistant (Female) staff is also to be borne in mind by this
Court before passing any order.
12. Accordingly, this writ petition is disposed of with the observation that
as and when ‘reliever/fresher’ Health Assistant/s (Female) will be
available, the prayers of the petitioners seeking transfer will be
considered by the concerned respondent authorities irrespective of the

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fact whether they have completed three years service or not. It will be
open for the petitioners to make fresh applications seeking transfer.
13.
The authorities will consider the relevant applications, as and when the
same are made, strictly in accordance with law, and in particular, in
conformity with the parameters set out in the aforesaid Circular/Memo
dated January 29, 2024 and also the aforesaid Circular/Memo dated
July 31, 2026 bearing Memo No. HNG/9T-6A-2015/986 without
insisting on the satisfaction of any criteria which has already been
construed as directory in nature.
14. Learned advocate representing the State has also fairly submitted that
in terms of the existing orders of the Director of Health Services,
Government of West Bengal, at the time of preparation of the transfer
list, seniority in service of the candidates is given preference.
15.
Since there is some doubt as to whether or not some of the petitioners
will be able to apply for transfer through the existing online portal, in
view of the fact that they may not have completed three years of service
as on the date of making their applications, such petitioners will be at
liberty to make their applications in offline mode, which shall be
considered by the respondent authorities in accordance with law as
directed hereinabove.
16. Since no affidavit has been called for, the allegations made in the writ
petition are deemed not to have been admitted by the respondents.
17. The writ petition stands disposed of with the aforesaid observations
and directions.
18.
However, there shall be no order as to costs.

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19.
Urgent certified photocopy of this order, if applied for, be supplied to
the parties expeditiously on compliance of usual legal formalities.
20.
All parties shall act on the basis of the server copy downloaded from
the official website of this Court.

(Rishad Medora, J.)