IMPORTANT POINT
An employee cannot be forced to serve if not willing, unless there are stipulations in the rules or terms of appointment or pending disciplinary proceedings.

JUDGMENT :

Prasenjit Biswas, J.

1. Despite service there is no representation on behalf of the State. Let the affidavit of service filed in court today be kept with the record.

2. The only issue involved here is whether the State as the employer can sit over an employee’s resignation letter and not issue release order despite no disciplinary proceedings having been instituted against such employee or when he does not claim any benefit for his past service.

3. This petitioner joined the services of the West Bengal Medical Education Services (WBMES) as Assistant Professor in the Department of Microbiology at N.R.S. Medical College, Kolkata. This applicant applied for the post of Additional Professor in the Department of Microbiology at the All India Institute of Medical Sciences (AIIMS), Kalyani after obtaining ‘No Objection’ Certificate dated 09.09.2022 issued by the Special Secretary to the Government of West Bengal, Health and Family Welfare Department permitting this petitioner to sit for the interview. The petitioner was selected for the post of Additional Professor in the Department of Microbiology and an appointment letter was offered to him with instruction to join the post after completion of formalities within a month from the date of receipt of the offer of appointment.

4. Pursuant to the offer of appointment this petitioner tendered his resignation letter on 21.11.2022 and made subsequent representation along with 15 point declaration through proper channel before the appropriate authorities. The authority concerned sat tight over the issue and had not issued the relieving order in favour of the petitioner enabling him to join in his new assignment. The time for joining has been extended by the authorities at AIIMS, Kalyani from 21.01.2023 to 21.02.2023 and lastly up to 21.05.2023 with a rider that all necessary joining formalities has to be complied on or before the said date failing which offer of appointment will be cancelled. As the authorities have not issued release order, he knocked the door of the West Bengal Administrative Tribunal by preferring an application being O.A. No. 77 of 2023 which was disposed of holding inter alia that-

“Therefore, the reasoned order is quashed and set aside with a direction to the Director of Medical Education, Department of Health and Family Welfare, the respondent no.3 to reconsider the applicant’s resignation letter and pass a reasoned order in the light of above observation within three weeks from the date of communication of this order. The reasoned order when passed be communicated to the applicant within one week thereof.”

5. The learned Counsel appearing for the petitioner vociferously argued that although approach was made to the Tribunal complaining the inaction on the part of the appropriate authority but the impugned order was passed by the Tribunal directing the authority to reconsider the applicant’s resignation letter within in a specified time.

6. Learned counsel draws attention of this Bench that the grounds for non-acceptance of the resignation letter in similarly circumstanced case of Dr. Debarati Chattopadhyay Vs. The State of West Bengal & Ors., in WPST 22 of 2016 has already been decided by this court holding inter alia that-

“It is evident from a bare perusal of the rule that a person who tenders his/her resignation without giving notice can at best be liable for forfeiture of his/her salary of the period by which the notice falls short. The State can in no manner refused to accept the letter of resignation. The submission of the learned counsel for the State that it is because of the lack of Doctors and Specialists in the State that the resignation has not been accepted is unsustainable. The state cannot prevent a person from improving his/her prospects and carrier in some other organization. There is no provision in the Rules by which a person is duty-bound to continue in employment of the State Government endlessly and in perpetuity. Fortunately, we are