ANIRBAN DASGUPTA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Present writ petition has been filed challenging the order dated October, 05, 2020 (for short, 'the impugned order') passed by the West Bengal Administrative Tribunal (for short 'the Tribunal') in O.A. 359 of 2020 (for short, 'the Original Application'), whereby the Secretary, Department of Health, State of West Bengal being respondent No.1 before the Tribunal, was directed to dispose of the representation of the writ petitioner dated September 28,, 2020 by passing a reasoned order and to communicate the same to the writ petitioner after considering the order passed by this Court in WPST 58 of 2020 (Dr. Santanu Suba Vs. The State of West Bengal and Ors.).

(2.) It was submitted on behalf of the writ petitioner that there is extreme urgency in the matter. In case the petitioner is not allowed to join the All India Institute of Medical Sciences, Kalyani (for short 'AIIMS') by February 11, 2021 (the period already extended), he will lose the opportunity and would suffer immense and irreparable injury and prejudice. Accordingly, the writ petitioner prayed for redressal of his grievance completely in this present writ petition on merit of his case. Considering such prayer and finding urgency in the matter, this Court proceeds to hear the petitioner on merit for final disposal of the writ petition, even though the case of the petitioner has not yet been considered by the first respondent. The parties had also agreed to the same.

(3.) The petitioner on August 25, 2015 had joined the West Bengal Medical Education Service, Department of Health and Family Welfare as a tutor by virtue of a notification dated August 18, 2015 in the Department of Gynaecology and Obstetrics, Bankura Sammilani Medical College, Bankura (for short, 'the Bankura Medical College'). To complete his higher studies in Gynae-Oncology, the writ petitioner had applied for leave for three years without any salary or in alternative, had requested his state employer to accept his resignation with effect from November 18, 2017. The writ petitioner served the necessary one month prior notice dated October 18, 2017. On November 18, 2017 the writ petitioner made further representation before the second respondent seeking discontinuation of services to pursue his training in the stream of Gynae-Oncology.