Chinmay Nath v. State Of West Bengal And ORS.

9th June, 2026 (D/L No.18) Ct. No.4 (SKB) W.P.S.T. 275 of 2025 Dr. Chinmay Nath

Versus

The State of West Bengal and others Mr. S. Ghosh, Mr. M. N. Roy, Mr. G. Halder, Mr. B. Nandy ... for the petitioner.

Mrs. Chandreyi Alam, ld. AGP, Ms. Runu Mukherjee ... for the State.

1. The present writ petition has been filed by the petitioner, a doctor serving the Medical College & Hospital, Kolkata as an Associate Professor, Department of Orthopedics. The substantial relief was for acceptance of his resignation.

2. When the matter is taken up today, Mr. Roy, learned advocate for the petitioner, informs the court that the Special Secretary to the Government of West Bengal, Department of Health and Family Welfare has issued an order dated 14.05.2026 conveying the acceptance of the writ petitioner's prayer for resignation w.e.f. 11.09.2009. He has also handed over a copy of the written instructions dated 08.06.2026 from the writ petitioner requesting the learned advocate for withdrawal of the pending writ petition in view of development subsequent to filing of the writ petition.

3. The order dated 14.05.2006 issued by the Special Secretary, Government of West Bengal, with a condition that the petitioner is required to refund excess salary paid to him for the period from 11.09.2009 to 30.09.2009 and other dues, if any. The formal release order is to be issued in favour of the writ petitioner thereafter.

4. In view of the order dated 14.05.2026 and the written instructions dated 08.06.2026, we permit withdrawal of the writ petition.

5. The writ petition is, accordingly, dismissed.

6. The parties are in agreement that since the petitioner's resignation has already been accepted, the Original Application bearing O.A. No.201 of 2025 filed by the writ petitioner has become infructuous. Pendency of the same would be futile. The O.A. No.201 of 2025 pending before the West Bengal Administrative Tribunal is accordingly disposed of.

7. The written instruction of the writ petitioner and the order of the Special Secretary to the Government of West Bengal, Health & Family Welfare Department are kept on record.

(Madhuresh Prasad, J.) (Prasenjit Biswas, J.)