Pradip Kumar Sen & Ors vs The State Of West Bengal & Ors
2021 Latest Caselaw 5405 Cal

   104
05.10.2021
 Ct. No.23
     pg.
                        IN THE HIGH COURT AT CALCUTTA
                       CONSTITUTIONAL WRIT JURISDICTION
                                APPELLATE SIDE

                                   WPA 15980 of 2021

                                Pradip Kumar Sen & Ors.
                                           Vs.
                             The State of West Bengal & Ors.


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

                       Mr. Naba Kumar Das
                       Mr. Subrata Das
                                  ... For the State

                       Ms. Deblina Chattaraj
                                  ... For the WBTC


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

                       The petitioners no.1 to 7, 9 and 11 are retired
             employees and petitioners no.8 and 10 are in service
             employees of Calcutta Tramways Company (1978) Ltd. (in
             short "CTC") now known as West Bengal Transport
             Corporation (in short "WBTC"). They have joined in the
             instant     writ    petition   to   ventilate   their   individual
             independent cause pertaining to identical issue against the
             same set of respondents. The petitioners claim interest on

delayed payment of benefits under the Revision of Pay and Allowance Rules, 1998 (in short "ROPA 1998") which is applicable to them.

The court fees paid is found to be sufficient.

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:-

The respondents shall pay interest from the date of accrual of the amounts claimed in respect of the petitioner till actual payment of such arrears, less interest, if any, already paid, at the rate of 7% per annum to the petitioners 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.)