Sabita Devi vs The State Of West Bengal & Ors
2021 Latest Caselaw 5388 Cal

    103
05.10.2021
 Ct. No.23
     pg.
                        IN THE HIGH COURT AT CALCUTTA
                       CONSTITUTIONAL WRIT JURISDICTION
                                APPELLATE SIDE

                                   WPA 15969 of 2021

                                       Sabita Devi
                                           Vs.
                             The State of West Bengal & Ors.


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

                       Mr. Atarul Hoque Molla
                                   ... For the State

                       Ms. Deblina Chattaraj
                                  ... For the WBTC

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

                       The petitioner's husband while in employment of
             Calcutta Tramways Company (1978) Ltd. (in short "CTC")
             now known as West Bengal Transport Corporation (in
             short "WBTC") died on 10th January, 2016. 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 her deceased husband.

                       The issue sought to be raised in the instant writ
             petition is squarely covered by a recent judgment and
             order of this Court dated 14 th 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's husband till actual payment of such arrears, 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.)