WPA/23949/2026 of DR. SAURAVE BANIK Vs THE STATE OF WEST BENGAL AND ORS. on 25 September 2026

1. The affidavit of service filed today is taken on record.

2. The petitioner is a Doctor, who has been working since January, 2015 as Block Medical Officer of Health in the cadre of West Bengal Public Health & Administrative Service (WBPH&AS) under the respondent authorities, at Basirhat Health District.

3. The petitioner has thereafter pursued a Post Graduate Course after availing the TR facility from June, 2018 to about June, 2021. The petitioner was further allowed to pursue his higher studies upon grant of Study leave from April, 2022 to May. 2025. The petitioner has also executed two separate indemnity bonds and has also given the requisite undertaking to refund balance period money under the bond in terms of the direction of the concerned authority.

4. The petitioner now seeks to pursue his academics on account whereof he has tendered his resignation by a letter of January 30, 2026. Though according to the Notification dated June 2, 2015, Rule 4(2) thereof does not permit a person to resign or retire voluntarily or be placed on lien during the period of service required in the bond, Rule 4(3) carves out an exception. The exception is that once an officer discontinues or drops out for any Post Graduate Course in which he had been placed on trainee reserve, he has to refund the amount specified in Rule 4(1) and forgo further privileges of being placed on trainee reserve and the period which he spent on trainee reserve, shall be adjusted against his admissible leave.

5. In terms thereof, the petitioner has undertaken to furnish the amount that may be found due upon requisite calculation for the balance period of service under the bond. The petitioner is permitted to proceed with the resignation tendered by him.

6. In view of the afore-stated, I direct the respondent no. 2 to take all necessary steps and accept the resignation of the petitioner and release the petitioner upon intimating the amount payable by the petitioner for such release. Such calculation should be done and communicated by November 15, 2026.

7. The petitioner will deposit the said amount with the respondent no. 2 prior to issuance of the release order.

The entire exercise should be completed by November 30, 2026.

8. With the afore-stated directions, the writ petition is disposed of.

9. There shall, however, be no order as to costs.

10. Urgent Photostat certified copy of this order, if applied for, be given to the parties on priority basis.

(Reetobroto Kumar Mitra, J.)