Shilpi Chanda vs The State Of West Bengal & Ors
2022 Latest Caselaw 2073 Cal

     73
19.04.2022

Ct. No.23 pg.

IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE

WPA 6473 of 2022

Shilpi Chanda Vs.

The State of West Bengal & Ors.

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

Ms. Deblina Chattaraj ... For the WBTC

Affidavit of service filed in Court today is taken on

record.

The petitioner's husband was an employee of

Calcutta Tramways Company (1978) Ltd. now known as

West Bengal Transport Corporation Limited (in short

"WBTC") who died while in employment on 2nd November,

2016. The petitioner claims interest on delayed payment of

benefits under the Revision of Pay and Allowance Rules,

1998 (in short "ROPA 1998") which was payable to her

deceased husband since the principal sum was paid

belatedly. The petitioner received the final settlement dues

of her deceased husband on 20th February, 2017.

The cause, if any, to claim interest arose on 2008

when the delay in paying the benefit occurred. The

petitioner's cause to claim the principal sum has accrued

for the first time after the death of her husband on 2nd

November, 2016. On the payment of the terminal benefits,

the petitioner says that her cause to claim interest accrued

on 20th February, 2017. There is no continuing wrong in

the instant case even after February 2017. Even though

the damage resulting from the wrongful act of the employer

may continue after 20th February, 2017. The injury caused

by the wrongful act does not continue. Thus, there is no

continuous cause to enable filing of the writ petition after

five years, the writ petition having been filed only on 8th

April, 2022. Even if the period between 15th March, 2020

and 28th February, 2022 is taken out, then also the

petitioner has approached this Court after expiry of three

years. There is, as such, a long delay in filing the writ

petition which disentitles the petitioner from claiming

interest.

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.).

The enormous delay in approaching the Court,

however, disentitles the petitioner from claiming interest.

Nothing has been pleaded to show that the petitioner's

claim is a continuing cause except that she received the

terminal benefits on 20th February, 2017. In absence of the

same the writ petition is liable to be dismissed for long

delay and laches on the part of the petitioner in view of the

ratio laid down in 2008 (8) SCC 648 (Union of India And

Others vs. Tersem Singh) and 2016 (13) SCC 797 (Asger

Ibrahim Amin vs. Life Insurance Corporation of India)

which, according to me, is applicable to the facts of this

case.

The writ petition is dismissed. 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.)