Lakpa Tshering Lepcha v. The State Of West Benga And ORS

CALCUTTA HIGH COURT

IN THE CIRCUIT BENCH AT JALPAIGURI

25.02.2026 Ct. No. 5 S.L. No. 41 SM WPA 2305 of 2025 Lakpa Tshering Lepcha

Versus

The State of West Bengal & Ors.

Ms. Deborshi Dhar Ms. Taniya Bhowmik .....for the petitioner Mr. Pretom Das Mr. Sumit Kumar Ms. Patralekha Choudhury ......for the State 1.

The writ application has been preferred by the petitioner praying for direction upon the respondent no. 2 and 5, and each of them to disburse the monthly pension of the petitioner as well as other pensionary benefits being gratuity, leave encashment and commuted loan in terms of ROPA 2019 and also the promotional benefit which the petitioner is entitled to forthwith in accordance with law.

2.

In course of hearing, learned counsel for the petitioner has placed the documents starting at page 61 wherein it appears that the Administrative Secretary, respondent no. 5 has submitted a report wherein it has been stated as follows.

"It is revealed from the office record that the settlement of Pension Payment Order and other

financial benefit had already been sent to the Finance Department, Govt. of West Bengal and the said department being the appropriate authority to take decision over the matter. The West Bengal Comprehensive Area Development Corporation is under constant persuasion with the concerned department to settle the matter and that has been explained to the petitioner during the hearing."

3.

Accordingly, on hearing the parties, the writ application is disposed of with the direction that the respond no. 2 shall take a decision in respect of the petitioner's case and dispose of the issue relating to the petitioner's claim for pension and other pensionary benefits in accordance with law within 60 days from the date of communication of this order by passing a reasoned order in accordance with law and if necessary give a hearing to the petitioner and all stakeholders prior to disposing of the same.

4.

Writ application stands disposed of.

5.

Applications, if any, connected thereto stand disposed of consequently.

6.

Interim order, if any, stands vacated.

7.

Photostat certified copy of this order, if applied for, be given to the parties on priority basis upon compliance of all formalities.

[Shampa Dutt (Paul). J]