Debjani Patra vs The State Of West Bengal And Ors
2021 Latest Caselaw 1656 Cal/2

OD-12
                               ORDER SHEET

                              WPO/1280/2021

                     IN THE HIGH COURT AT CALCUTTA
                       Constitutional Writ Jurisdiction
                              ORIGINAL SIDE


                            DEBJANI PATRA
                                -VS-
                  THE STATE OF WEST BENGAL AND ORS


BEFORE:
The Hon'ble JUSTICE ARINDAM MUKHERJEE
Date : December 20, 2021.

                                                                    Appearance:
                                                         Mr. Debdutta Basu, Adv.

                                                   Mr. Niladri Bhattacharjee, Adv.
                                                      Ms. Deblina Chattaraj, Adv.

                                                            Mr. S. Banerjee, Adv.
                                                             Mr. A. K. Nag, Adv.



           The Court : Affidavit of service filed in Court today is taken on

 record.

           The petitioner's husband, since deceased was a retired employee of

 Calcutta Tramways Company (1978) Ltd. (in short "CTC") now known as

 West Bengal Transport Corporation (in short "WBTC"). The petitioner

 claims interest on delayed payment of benefits under the Revision of Pay

 and Allowance Rules, 1998 (in short "ROPA 1998") to which her deceased

 husband was entitled to but have received the same at a belated stage.

           The issue sought to be raised in the instant writ petition is

 squarely covered by a recent judgment and order of this Court dated 14th
                                            2


      September, 2021 passed in WPA 7490 of 2021 (Vivekananda Halder &

      Ors. v. The State of West Bengal & Ors.).

             As such, this writ petition is disposed of with the similar directions

      as rendered in the above mentioned writ petition, which are as follows:-

             The respondents shall pay interest from the date of accrual of the

amounts claimed in respect of the petitioner's husband till 2008 or till the

date of actual payment of such arrears, whichever is earlier, less interest,

if any, already paid, at the rate of 7% per annum to the petitioner within a

period of four months from the date of communication of a server copy of

this order without insisting upon production of a certified copy.

In default of payment of the aforesaid interest within a period of

four months, the rate of interest shall increase to 8 per cent.

There shall be no order as to costs.

Urgent Photostat certified copy of this order, if applied for, be given

to the parties, upon compliance of necessary formalities.

(ARINDAM MUKHERJEE, J.)

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