S/L 31 29.07.2026 Court No.04 B.K.N W.P.S.T. 105 of 2026 Dr. Saswata Datta Vs. The State of West Bengal & Ors. Mr. S. Ghosh, Mr. M. N. Roy, Mr. G. Haldar, Mr. B. Nandy … for the Petitioner. Mr. Sahasrangsu Bhattacharyya, Ld. AGP, Ms. Mary Datta … for the State. 1. On 06.08.2022 the petitioner was transferred to a post in Jhargram. From 07.08.2022 he stopped performing his duties. An application is made for resignation in January, 2025. The application states that the resignation is claimed with immediate effect. 2. From the proforma submitted on Annexure III, it appears that the petitioner sought resignation with effect from 07.08.2022. 3. The sum and substance of the submission advanced on behalf of the writ petitioner is that no benefit whatsoever are being claimed with effect from 07.08.2022. However, such claim was not obvious from the application dated 01.01.2025. Under such circumstances a rejection order dated 13.01.2026 was issued by the Deputy Director, Health Services (Admn.), West Bengal. 4. We made a specific query from the learned AGP whether the petitioner was departmentally proceeded against, to which the answer is in the negative. 2 5. Accordingly, we leave it to the petitioner to raise a specific unambiguous claim for resignation with effect from 07.08.2022 which will be considered by the authorities without being persuaded or effected by the earlier rejection order dated 13.01.2026 issued by the Deputy Director, Health Services (Admn.), West Bengal. 6. Since such claim will be raised for the first time, we find that reference or reliance on the earlier rejection order dated 13.01.2026 will not be in order. 7. Reserving the petitioner’s liberty to avail such benefit, if he so desires, in unambiguous terms, the writ petition is disposed of. 8. Urgent Photostat Certified copy of this order, if applied for, be supplied to the parties upon compliance with all necessary formalities. (Madhuresh Prasad, J.) (Prasenjit Biswas, J.)