Swapan Kumar Banerjee vs The State Of West Bengal & Ors
2021 Latest Caselaw 6517 Cal

21.12.2021         IN THE HIGH COURT AT CALCUTTA
Sl. No.123         CONSTITUTIONAL WRIT JURISDICTION
   (PP)                   APPELLATE SIDE

                          WPA 20474 of 2021

                        Swapan Kumar Banerjee
                                 Vs.
                     The State of West Bengal & Ors.


                  Mr. Lakshman Chandra Halder
                                         ....for the petitioner.

                  Ms. Deblina Chattaraj
                                                     ....for WBTC.
                  Mrs. Rajarshi Basu,
                  Mr. Kapil Guha
                                                   ....for the State.



                 Affidavit of service filed in Court today is taken

             on record.

                  The petitioner is 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")

             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.).
                      2




     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 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.)