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HARISH TANDON, MADHURESH PRASAD
Samir Rana – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Madhuresh Prasad, J.
1. The writ petitioner initially joined the West Bengal Medical Education Services (WBMES) on 13.03.2014 as Demonstrator/ RMP-cum Clinical Tutor at the Midnapore Medical College, Paschim Medinipur in the Department of Radio-diagnosis. While serving in the West Bengal Medical Education Services (WBMES), he has risen up the ranks firstly as an Assistant Professor on 15.12.2014 and thereafter as an Associate Professor on 27.11.2021.
2. On 28.10.2023, he received an offer of appointment to the post of Associate Professor (Radio-diagnosis) in Dr. B. C. Roy Multi Speciality Medical Research Centre at the Indian Institute of Technology, Kharagpur (IIT). The offer required the petitioner to convey his acceptance within 30 days and to join duties within a maximum of 90 days from the date of offer of appointment letter (28.10.2023).
3. The petitioner thus tendered his resignation with the requisite declarations through the proper channel on 04.11.2023 before the Principal Secretary, Department of Health & Family Welfare, Government of West Bengal as also to the Director of Medical Education of the department. The resignation was with effect from 01.12.2023, so as
The court established that under the West Bengal Service Rules, an appointing authority cannot arbitrarily refuse a resignation once it has been duly submitted.
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.
An employee's resignation cannot be rejected based on staff shortages if no bond to serve was signed, affirming the right to career progression.
A resignation is invalid if not given with the stipulated notice under applicable rules, especially when submitted under acute mental distress.
The court held that resignations cannot be accepted while disciplinary proceedings are pending, affirming the principle that withdrawal of resignation restores continuity of service.
Court affirmed the resignation of the public servant, emphasizing absence of departmental proceedings.
The authority's decision to deny study leave based on previous usage and potential adverse impact on public healthcare services is valid and not discriminatory.
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