Citation : 2021 Latest Caselaw 1658 Cal/2
Judgement Date : 20 December, 2021
OD-11
ORDER SHEET
WPO/1279/2021
IN THE HIGH COURT AT CALCUTTA
Constitutional Writ Jurisdiction
ORIGINAL SIDE
AYAN BASU
-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. Amitesh Banerjee, Sr. Adv.
Ms. Ipsita Banerjee, Adv.
The Court : Affidavit of service filed in Court today is taken on
record.
The petitioner's father, 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 his deceased
father 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 father 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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