24-07-2026 Item No.801 ML Subrata Bhattacharyya AR(C) IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Appellate Side WPA No.26893 of 2024 Subrata Bairagi -vs- The State of West Bengal & Ors. Mr. Anindya Sundar Das Mr. Shaunak Ghosh Ms. Paramita Mondal Mr. Suman Halder Mr. Subrata Bairagya Ms. Shabnam Yeasmin …for the petitioner Mr. Nilotpal Chatterjee Mr. Satyaki Banerjee …for the university 1. The petitioner is aggrieved by the decision taken by the Principal of Raja Peary Mohan College rejecting the petitioner’s prayer for reinstatement. 2. The petitioner submitted an application for resignation in the year 2023 with a request to pay off his terminal dues at the earliest. The prayer of the petitioner for resignation was accepted by the college by a communication to the petitioner dated April 14, 2023. 3. Thereafter, by a communication dated May 4, 2023 the petitioner requested the college authority to reconsider his decision for withdrawal of his resignation and permit him to rejoin his service. 4. The said representation not being considered, the petitioner approached this Court by filing a writ petition being WPA No.1925 of 2024 which stood disposed of on April 24, 2024 granting leave to the petitioner to file a fresh representation before the college authority for reconsideration of his resignation; and if such representation is made, the same was to be considered by the college within a stipulated time period. 5. The order passed by the college authority rejecting the petitioner’s prayer to rejoin service is impugned in the instant writ petition. 6. The impugned order mentions that after acceptance of the resignation of the petitioner with effect from April 15, 2023 forenoon, the post of electrician-cum-caretaker had been vacated with effect from April 15, 2023, and that the said vacancy has been abolished with effect from the date of its occurrence in terms of GO No.1227- Edn(CS) dated October 5, 2018. 7. The college has also mentioned in its order that neither the Calcutta University First Statutes nor any Government Orders confers any power upon the Governing Body of the college to reappoint a candidate to a substantive vacant post created due to his resignation/retirement and subsequently stood abolished. 8. The petitioner is aggrieved by the same. 9. Submission of the petitioner is that the application made by the petitioner seeking resignation ought not to have been accepted by the college as the said application was not made in accordance with law. 10. Prayer has been made to direct the college to permit the petitioner to rejoin service in the college. 11. Upon hearing the submissions made on behalf of the petitioner and the University, it appears that the petitioner specifically prayed before the college 2 authority to accept his resignation and settle his dues at the earliest as he required the retirement benefits for his medical treatment. The petitioner also prayed for release of his pension. 12. The prayer for resignation was immediately accepted by the college authority; and on such acceptance, the vacancy in question stood abolished. 13. At this stage there is hardly any scope on the part of the petitioner to submit that the resignation ought not to have been accepted by the college authority. The college has expressed its inability to accept the prayer of the petitioner for rejoining the college in a post which already stood abolished. 14. Learned counsel for the petitioner has not been able to show any law which permits reappointment of an employee who resigned from service in a post which stood abolished. 15. In view of the above, no relief can be granted to the petitioner. 16. The writ petition fails and is hereby dismissed. 17. Dismissal of the writ petition will, however, not stand in the way of the petitioner from approaching the college authority for release of the provident fund dues as mentioned in the impugned order of the college dated May 15, 2024. 18. All parties are to act on the server copy of this order duly downloaded from the official website of this Court. 19. Certified server copy of this order, if applied for, shall be made available to the parties. [Amrita Sinha, J] 3 4