Dr. Sourav Pradhan v. State Of West Bengal And ORS.
9th March, 2026 (D/L No.22) Ct. No.4 (SKB) W.P.S.T.215 of 2025 Dr. Sourav Pradhan
Versus
The State of West Bengal and others Mr. M. N. Ray, Mr. Biswarup Nandy ... for the petitioner.
Mr. Tapan Kumar Mukherjee, ld. AGP, Mr. Pinaki Dhole ... for the State
1. The claim in the present writ petition is for a direction upon the State respondents to accept his resignation.
2. Learned advocate appearing for the petitioner at the very outset submits that on 09.02.2026 an order issued by the Special Secretary to the Government of West Bengal in the Health & Family Welfare Department was uploaded on the website of the Department.
3. The order dated 09.02.2026 is to the effect that the resignation of the petitioner, lastly posted as RMO cum CT, Department of Rheumatology in N.R.S. Medical College, Kolkata was accepted w.e.f. 15.01.2025. The order records that the acceptance is in terms of Rule 33(1) of the WBS (DCRB) Rules, 1971 and entails forfeiture of his
past service. The order further requires the petitioner to refund three months salary in terms of Rule 34A(2) of the WBSR Part-I before release. The order contemplates issuance of a formal release after completion of the formalities including other financial obligations on the part of the writ petitioner.
4. The submission of the learned advocate for the writ petitioner in substance is that on account of this development subsequent to filing of the writ petition, the relief has become infructuous. In such circumstance, no adjudication is required. Therefore, we requested Mr. Pinaki Dhole, learned advocate, whose appearance be regularized, to appear in this matter.
5. A copy of the order dated 09.02.2026 issued by the Special Secretary is kept on record. Copy of the order has also handed over to the learned AGP representing the State.
6. In view of this development subsequent to filing of the writ petition, the writ petition has become infructuous and is accordingly disposed of, but with an observation that subject to cooperation by the writ petitioner, the authority should ensure that the formalities are completed to ensure petitioner's formal release, to give a
closure to the issue, within four weeks from the date of receipt/production of a copy of this order before the Principal, N.R.S. Medical College, Kolkata.
7. It is agreed by the learned advocates representing the parties that now nothing survives in the pending Original Application bearing O.A. No.453 of 2025 before the West Bengal Administrative Tribunal and the present writ petition arising out of the same.
8. The present writ petition, and the O.A. No. 453 of 2025 pending before the West Bengal Administrative Tribunal stand disposed of.
(Madhuresh Prasad, J.) (Prasenjit Biswas, J.)