Regularization of service under state government.

Respected Sir / Madam,

I have following queries –

1. For 1^st time in a case of regularization of service, WBAT ordered the primary respondent to take decision freely. Primary respondent negated. Petitioner moved to Calcutta High Court. High Court ordered WBAT to deliver reasoned order. Again WBAT ordered primary respondent to take decision freely.  Primary respondent again negated. Now my query is –

Is it mandatory to move again to WBAT ? Or, can be moved to Calcutta High Court (double judges) directly at this stage ?

2. In this case, primary respondent negated regularization considering a judgement of Hon’ble  Calcutta High Court (double judges) in 2021, ignoring a judgement (produced) of Hon’ble Supreme Court  of India (double judges) in favour of regularization of service in a matter of Orissa in 2022. Can primary respondent (Principal Secretary of the department) do this ?

Please do advise.