Calcutta High Court

WP.ST/5/2026 of HIMANI MISHRA REPT BY BARNALI MAHAPATRA THE ATTORNEY HOLDER Vs STATE OF WEST BENGAL AND ORS. on 25 June 2026

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Court No.04 B.K.N W.P.S.T. 05 of 2026 With CAN 1 of 2026 CAN 2 of 2026 Himani Mishra represented by Attorney Holder Smt. Barnali Mahapatra Vs. The State of West Bengal & Ors. Mr. D. Roy, Ms. Devipriya Mitra …for the Petitioner Ms. Chandreyi Alam, Ld. AGP, Ms. Kakali Dutta

S/L 11

25.06.2026

Court No.04

B.K.N

W.P.S.T. 05 of 2026

With

CAN 1 of 2026

CAN 2 of 2026

Himani Mishra represented by

Attorney Holder Smt. Barnali Mahapatra

Vs.

The State of West Bengal & Ors.

Mr. D. Roy,

Ms. Devipriya Mitra

…for the Petitioner

Ms. Chandreyi Alam, Ld. AGP,

Ms. Kakali Dutta

… for the State.

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1. The learned advocate for the writ petitioner submits that he would approach the Writ Court dealing with the determination of service matters. The prayer is made since the West Bengal Administrative Tribunal (‘Tribunal’ for short) is non-functional. Despite the Tribunal being non-functional, the petitioner filed an Original Application bearing O.A. No. 684 of 2025 before the Tribunal.

2. In view of the above circumstances and submissions, we grant liberty to the petitioner to approach the Single Judge Bench for the self-same relief.

3. The learned advocate for the petitioner submits that since he will be availing remedy before the Single Judge Bench pendency of the Original Application would serve no useful purpose. However, since the Tribunal is non-functional, the petitioner cannot withdraw the same. Therefore, to facilitate petitioner’s claim before

2 the Writ Court, we dispose of the Original Application bearing O.A. No. 684 of 2025 pending before the Tribunal.

4. The Writ Petition is disposed of in the above terms.

5. Applications are also disposed of accordingly.

6. Urgent Photostat Certified copy of this order, if applied for, be supplied to the parties upon compliance with all necessary formalities.

(Madhuresh Prasad, J.)

(Biswaroop Chowdhury, J.)

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