Calcutta High Court (Appellete Side)
Dr. Tandra Ghosh vs State Of West Bengal & Ors on 17 July, 2013
Author: Pranab Kumar Chattopadhyay
Bench: Pranab Kumar Chattopadhyay
1
17.07.13
5/akd
W.P.S.T. 266 of 2013
Dr. Tandra Ghosh
-Vs-
State of West Bengal & Ors.
...........................................................................
Mr. Mohan Kumar Sanyal ... ... for the petitioner Mr. Soumitra Banerjee ... ... for the respondent No. 5 Mr. Subrata Talukdar, Mr. Saikat Chatterjee ... ... for the State It has been submitted on behalf of the petitioner that the respondent authorities did not issue clearance certificate upon accepting the letter of resignation of the said petitioner.
From the records we find that the petitioner herein submitted the letter of resignation on 26th March, 2013 which was also forwarded by the Principal of the said college on that very day i.e. on 26th March, 2013. Unfortunately, till date, the respondent authorities did not accept the said letter of resignation.
Today, learned Advocate of the respondents submitted the written instruction given by the Joint Director of Medical Education, Government of West Bengal wherefrom it appears that the government is not inclined to accept the resignation of the 2 petitioner due to acute shortage of faculty in the medical teaching institution.
The aforesaid ground, in our opinion, cannot be held to be a proper ground for denying the acceptance of resignation submitted by a Doctor in order to compel him/her to remain in service in spite of unwillingness.
Accordingly, we direct the respondent authorities to issue the formal clearance certificate to the petitioner herein upon accepting the resignation within a week from date i.e. on or before 24th July, 2013 positively.
In the event, release order is issued in favour of the petitioner in terms of this order then the said petitioner will be at liberty to request the appropriate authority of the E.S.I. for her placement in the said organisation in view of the earlier offer of appointment. The E.S.I. authorities will also be at liberty to take appropriate decision in this regard upon receipt of the clearance certificate from the petitioner herein.
With the aforesaid observations and directions, this writ petition stands disposed of.
There will be, however, no order as to costs. Let a xerox plain copy of this order duly countersigned by the Assistant Registrar (Court) be given to the learned Advocates of the respective parties on usual undertaking.
3(Pranab Kumar Chattopadhyay, J.) (Dr. Sambuddha Chakrabarti, J.)