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2026 DAILYLAW 32736 (CAL)

SAGAR CHANDRA SARKAR AND ANR. v. THE STATE OF WEST BENGAL AND ORS.

WP.ST/53/2026 · 2026-08-05

Madhuresh Prasad, Prasenjit Biswas

body2026

Judgment text

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S/L 36 05.08.2026 Court No.04 B.K.N W.P.S.T. 53 of 2026 Sri Sagar Chandra Sarkar & Anr. Vs. The State of West Bengal & Ors. Mr. Sujit Kumar Rath, Mr. Sukumar Sarkar …for the Petitioners Mr. Saharangshu Bhattacharjee, Ld. AGP, Mr. Arghya Chatterjee … for the State of West Bengal. 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. 647 of 2025 before the Tribunal. 2. The learned advocate for the petitioner submits that he will be availing remedy before the Single Judge Bench giving an undertaking that he will withdraw the pending Original Application No. 647 of 2025. 3. In view of the above circumstances and submissions, we grant liberty to the petitioner to invoke the jurisdiction of the Hon’ble Single Judge for the self- same relief by giving an undertaking that he will withdraw the pending Original Application. 4. The Writ Petition is dismissed with liberty as prayed for. 2 5. 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.)