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2026 DAILYLAW 43933 (CAL)

SMT. PASANG LAMA (THING) v. GORKHALAND TERRITORIAL ADMINISTRATION AND ORS.

WPA/2003/2026 · 2026-09-28

Suvra Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

18 28.09.2026 Ct. No.6 P.A./A,P IN THE HIGH COURT AT CALCUTTA Circuit Bench at Jalpaiguri Constitutional Writ Jurisdiction WPA No. 2003 of 2026 Smt. Pasang Lama (Thing) v/s GTA & Ors. Mr. Anand Bhandari, Mr. Urgen Lama, Mr. Mayank Bhandari …for the petitioner. Mr. Kunaljit Bhattacharjee Ms. Radhika Agarwal …for the State. Ms. Supriya Singh Ms. Susmita Ghosh …. for the Respondent G.T.A. Affidavit of service filed by the petitioner is taken on record. Learned counsel for the petitioner submits that the petitioner was initially appointed as a Sub- Assistant Engineer on temporary basis under the erstwhile Darjeeling Gorkha Hill Council by virtue of an order passed on 10th September, 1991 and was subsequently promoted as an Assistant Engineer and thereafter as an Executive Engineer by the said authority. She has rendered unblemished and 2 continuous service for 36 years and has retired on 31st August, 2026. By a notification issued on 12th March, 2012 by the Government of West Bengal, the persons employed under Darjeeling Gorkha Hill Council have been absorbed under the Gorkhaland Territorial Administration pursuant to which the petitioner became an employee under the said administration. The petitioner seeks regularization of her service and benefits accruing therefrom. Learned counsel for the petitioner takes this Court to orders passed by the Principal Secretary, Darjeeling Gorkha Hill Council on 30th September, 2008 which demonstrate that two other employees similarly circumstanced with the petitioner have been absorbed in the regular cadre of Assistant Engineer and granted the pay and allowances admissible as per rules. The petitioner submitted several representations before the concerned authority in this regard but to no effect. The petitioner seeks consideration of the representations and regularization of her service. Learned counsel for the GTA submits that proposal for such regularization has been forwarded to the Government of West Bengal. Reply from the Government is awaited. 3 In view of the fact that several representations submitted by the petitioner before the Gorkhaland Territorial Administration are pending, the said authority, being the 1st respondent herein, is directed to consider and dispose of the same within 4 weeks from the date of communication of this order upon granting reasonable opportunity of hearing to all concerned including the petitioner, in accordance with law. The petitioner shall be at liberty to place relevant documents in support of her contention before the authority at the time of hearing. The decision taken by the authority shall be communicated to the petitioner within a week thereof. In the event the authority arrives at a decision in favour of the petitioner, necessary consequential steps be taken at the earliest. The writ petition is disposed of accordingly. There shall however be no order as costs. Since no affidavit is invited, the allegations contained in the petition are deemed not to have been admitted. Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (Suvra Ghosh, J.)