Birendra Mohan Saha v. The State Of West Bengal And ORS

Calcutta High Court In the Circuit Bench at Jalpaiguri Appellate Side 17+26 24.1.2025 Sc Ct. no. 2 WPA 118 OF 2025 And WPA 141 OF 2025 ---------- Birendra Mohan Saha Vs.

The State of West Bengal & Ors.

Mr. Debajit Kundu Ms. Arpita Saha.

....For the Petitioner in both writ petitions Mr. Pretom Das Mr. Kumar Shantanu.

....For the State in WPA 118 of 2025 Mr. Anirban Banerjee Mr. Bikash Singha.

....For the State in WPA 141 of 2025 Mr. Debajit Kundu, learned Advocate appears for the petitioners in these writ petitions.

Mr. Kumar Shantanu, learned State Advocate appears for the State in WPA 118 of 2025.

Mr. Anirban Banerjee, learned State Advocate appears for the State in WPA 141 of 2025.

While the writ petitions are being moved, learned State Advocates Mr. Kumar Shantanu and Mr. Anirban Banerjee have rightly pointed out that, the same writ petitioner has filed two different writ petitions, viz. the instant writ petitions, WPA 118 of 2025 and WPA 141

of 2025, appearing today in today's Cause List against the serial nos.17 and 26.

learned State Advocates submit that, two separate writ petitions are not maintainable as the cause of action is the one being the retirement benefits though may be received under two different Pension Payment Orders.

After considering the submissions made on behalf of the parties, this Court is of the view that, cause of action in these writ petitions may be clubbed together and a composite writ petition can be filed by the petitioner.

Accordingly, liberty is granted to the petitioner to file a single writ petition in accordance with law. With these observations these writ petitions, WPA 118 of 2025 and WPA 141 of 20125 stand dismissed without going into the merits of these writ petitions with leave granted to the petitioner, as recorded above.

Photocopy of this order be kept with the records of both the writ petitions.

(Aniruddha Roy, J.)