Nurjahan Bibi vs The State Of West Bengal & Ors
2021 Latest Caselaw 5410 Cal

     80
05.10.2021
 Ct. No.23
     pg.
                        IN THE HIGH COURT AT CALCUTTA
                       CONSTITUTIONAL WRIT JURISDICTION
                                APPELLATE SIDE

                                   WPA 15878 of 2021

                                      Nurjahan Bibi
                                           Vs.
                             The State of West Bengal & Ors.


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

                       Mr. Biswajit De
                       Md. Abu Raja J. Kabir
                                   ... For the State

                       Ms. Deblina Chattaraj
                                  ... For the WBTC

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

                       The petitioner's husband was a retired employee of
             Calcutta Tramway Company (1978) Ltd. 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 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.).
                      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'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.)