Calcutta High Court (Appellete Side)
Dr. Sebanti Goswami vs The State Of West Bengal & Ors on 29 July, 2016
Author: Nishita Mhatre
Bench: Nishita Mhatre
1
29.07.2016
Item No.2
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W.P.S.T 138 of 2016
Dr. Sebanti Goswami
Vs.
The State of West Bengal & Ors.
Mr. D.N Ray,
Mr. Rajesh Kr. Shah,
Mr. B Nandy ....... For the petitioner
Mrs. Chaitali Bhattachryya,
Mrs. Sukla Das Chanda ...... For the State
The grievance of the petitioner is that the West Bengal Administrative Tribunal had
granted one month for the respondents to accept resignation of the petitioner. According to the
petitioner, if the acceptance of the resignation is delayed and the release order is not furnished immediately, she would not be able to join her new place of employment at which place she has to report on 1st August, 2016.
We have heard this matter at length.
Mrs. Bhattacharyya, the learned counsel appearing for the respondents submits that there is no need to interfere with the impugned order as the time frame for acceptance of the resignation letter mentioned in the West Bengal Service Rules is three months. According to her, the Tribunal has reduced it to one month. She submits that several procedural requirements have to be fulfilled including the vigilance clearance and other formalities and, therefore, at least one month would be required.
The respondents have now furnished for our perusal a letter dated 28th July, 2016 addressed to the advocate for the State and signed by the Director of Medical Education & Ex- Officio Secretary, Government of West Bengal stating that the resignation of the petitioner is accepted, subject to the vigilance clearance by the department for which the file was sent on 14th July, 2016 for completion of the procedural requirements in accordance with law. The letter also mentions that the resignation would be accepted subject to payment of salary for the shortfall of two months of the required period of three months' notice.
According to Mrs. Bhattacharyya, the letter accepting the resignation of the petitioner would be furnished to her during the course of the day. However, the release order will be issued only after the requirements are completed including payment of the shortfall of the salary.
We accept this statement made on behalf of the respondents. The petitioner may produce the letter accepting her resignation to her new employer so that she can join at the new place of employment.
2We accept the statement made by Mrs. Bhattacharyya that the release order will be issued within four weeks from today.
The petition is disposed of.
Photostat plain copy of this order countersigned by the Assistant Registrar (Court) be given to the parties after observing all formalities.
(Nishita Mhatre, J.) (Tapabrata Chakraborty, J.) 3