JUDGMENT :

1. The instant writ petition is taken out challenging the order no. 4 dated 6th April, 2022 passed by the West Bengal Administrative Tribunal in OA 758 of 2021 directing the Principal Secretary, Department of Labour to hold hearing afresh regarding acceptance of resignation of the applicant within a specified time and pass a reasoned order, which shall be communicated to the writ petitioner.

2. The facts emanates from the record would reveal that the petitioner was appointed as Assistant Superintendant (Non-medical) in the year 2015 and continued to render her services till 18th March, 2020. She went on leave on 19th March, 2020 and submitted the application in this regard to the Superintendant, Kamarhati Employees’ State Insurance hospital. The leave as sought for was renewed from time to time and ultimately she tendered resignation on 4th May, 2020 with immediate effect.

3. It does not borne from the record that anything happened thereafter. The Superintendent of the said hospital immediately caused a letter on an even date and communicated to the petitioner that the letter of resignation is required to be tendered as per service regulations and, therefore, adherence thereof is warranted in the event she decides to resign from services.

4. The record does not reveal any further action having taken in this regard except that a date for hearing was fixed by the Deputy Secretary, Labour Department, Government of West Bengal requesting the writ petitioner to appear before him. The petitioner took a specific stand at the time of hearing that she does not want to continue with the prayer made in the said resignation letter and intended to withdraw the same. It was further indicated to the hearing officer that she would submit a detailed report regarding her leave status on or before 5th October, 2020 and invited the attention of the authority to consider the matter sympathetically.

5. Curiously enough without accepting the aforesaid prayer nor proceeding any further the letter is received by the writ petitioner issued on 9th September, 2021 that she may be considered for fresh appointment in terms of the provisions contained in Note (ii) of Rule 34A of West Bengal Service Rules – Part 1.

6. It is thus discerned from the sequel of events narrated hereinabove that the letter of resignation was neither accepted nor rejected by the said authority as yet and in the meantime more particularly on the date fixed for hearing with regard to the said letter of resignation the petitioner withdrew the said letter.

7. None of the Counsels has been able to apprise us the specific procedural provisions relating to the resignation by the Government employee. It is uniformly submitted that Rule 34A of the West Bengal Service Rules – Part 1 is the only provision, which applies in case of resignation. It is profitable and apposite to quote the aforesaid provisions, which runs thus:

“34A. (1) No Government employee shall, unless the Government otherwise directs, be permitted to resign if he fails to serve on his appointing authority due notice at least for –

(a) in the case of a Government employee holding no lien or suspended lien on a permanent post under the Government,…………………one month; or

(b) in the case of a Government employee holding lien or suspended lien on a permanent post under the Government, three months.

Explanation.—In this rule and in rule 34B “Government employee” means a person appointed to a service or post in connection with the affairs of the State and remunerated otherwise than on a daily, weekly or fortnightly basis.

(2) A Government employee who tenders resignation and quits without giving the notice as provided in sub-rule (1) shall, at the discretion of the appointing authority, be liable to forfeiture of his salary for the period by which the notice falls short of the requirements of clause (a) or clause (b), as the case may be, of that sub-rule in addition to such disciplinary action as may be taken against him for contrave