Firoz Khan vs The State Of West Bengal & Ors
2021 Latest Caselaw 6138 Cal

07.12.2021          IN THE HIGH COURT AT CALCUTTA
Sl. No.110          CONSTITUTIONAL WRIT JURISDICTION
    (PP)                    APPELLATE SIDE
                         (Via Video-Conference)

                           WPA 19199 of 2021

                            Firoz Khan
                                 Vs.
                     The State of West Bengal & Ors.

                  Mr.   Srinjay Sengupta,
                  Mr.   Saurav Roy,
                  Mr.   Narattam Acharyya,
                  Mr.   Ankush Ghosh
                                               ....for the petitioner.

                  Mr. Niladri Bhattacharjee,
                  Ms. Deblina Chattaraj
                                                       ....for WBTC.
                  Ms. Sima Adhikari,
                  Ms. Kakali Naskar
                                                     ....for the State.

                  Affidavit of service filed in Court today is taken
             on record.

                   The petitioner is an 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")
             which is applicable to him.

                  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 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:-
                      2




     The respondents shall pay interest from the date

of accrual of the amounts claimed in respect of the

petitioner 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 six 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 six 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.)