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2026 DAILYLAW 45063 (CAL)

PADMA DOLMA MOKTAN v. GORKHALAND TERRITORIAL ADMINISTRATION AND ORS.

WPA/2072/2026 · 2026-09-30

Suvra Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

22 30.09.2026 Ct. No.6 b.das IN THE HIGH COURT AT CALCUTTA Circuit Bench at Jalpaiguri Constitutional Writ Jurisdiction WPA No. 2072 of 2026 Padma Dolma Moktan Vs. Gorkhaland Territorial Administration & Ors. Mr. Anand Bhandari Mr. Urgen Lama Mr. Mayank Bhandari …for the petitioner. Ms. Supriya Singh Ms. Susmita Ghosh …for the GTA. Mr. Kunaljit Bhattacharjee Mr. Salok Sah …for the State. Affidavit of service filed by the petitioner is taken on record. The petitioner was initially appointed as Sub Assistant Engineer on contractual basis under the Darjeeling Gorkha Hill Council vide appointment order dated 4th May, 1992 and has been subsequently promoted as an Assistant Engineer. She has rendered continuous and unblemished service for more than 36 years. 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 2 petitioner became an employee under the said administration. The petitioner seeks regularization of her service and benefits accruing therefrom. Learned counsel for the petitioner submits that other employees similarly circumstanced with the petitioner have been absorbed in the regular cadre of Assistant Engineer and granted pay and allowances as per rules. The petitioner submitted several representations before the concerned authority in this regard which have not been considered. The petitioner seeks consideration of the representations and regularization of her service. Learned counsel for the Gorkhaland Territorial Administration submits that the proposal for such regularization has been forwarded to the Government of West Bengal and reply from the Government is awaited. In view of the above, the Principal Secretary, Gorkhaland Territorial Administration, being the 1st respondent herein, is directed to consider and dispose of the representations submitted by the petitioner within four 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. 3 The petitioner shall be at liberty to place necessary 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. However, there shall be no order as to 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.)