Calcutta High Court (Appellete Side)
Md. Faeemuddin vs The State Of West Bengal & Ors on 16 August, 2022
37
16.08.2022
Ct. No.23
sb.
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION
APPELLATE SIDE
WPA 17734 of 2022
Md. Faeemuddin
Vs.
The State of West Bengal & Ors.
Mr. Lakshman Chandra Halder
... For the petitioner.
Mr. Pantu Deb Roy,
Mr. Subrata Guha Biswas
....For the State.
Affidavit of service filed in Court today is taken
on record.
The petitioner is an employee of Calcutta
Tramways Company (1978) Ltd. (in short "CTC") now
known as West Bengal Transport Corporation Limited
(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") the
benefit whereof was given to the petitioner by the
memoranda respectively dated 23rd June, 2000 and 21st
July, 2000. The petitioner says that under the
memorandum dated 31st July, 2000, the petitioner was
assured by the respondents that the arrears between 1st
April, 1997 and 31st March, 2000 shall be paid in five
annual instalments, the first of which will be not before
1st November, 2002 with interest to be calculated from
1st April, 2000 at the rate applicable in case of provident
fund. The petitioner has been paid the said arrears
between September, 2006 and January, 2008. The
petitioner says that he is entitled to interest for this
delay in paying the arrears. The petitioner's claim for
interest accrued in terms of the memorandum dated
31st July, 2000 on the arrears amount from 1st April,
2000. The payment of arrears has been made with
interest but not by five annual instalments on and from
1st November, 2002. The petitioner, therefor, became
entitled to interest on the arrears amount for the delay
beyond the scheduled date of payment as assured under
the memorandum dated 31st July, 2000. This right
accrued with the full and final payment of the arrears in
January, 2008. The petitioner's right to claim this
interest continued till up to his date of retirement when
the employer was supposed to pay the interest along
with his other retiral benefits. The petitioner is still in
service, therefore, the claim to delayed payment of
benefits is very much alive. Therefor, the petitioner
becomes entitled to claim such interest. The petitioner
has approached the Court for such relief without any
inordinate delay.
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
scheduled date of payment of the annual instalments by
which arrears were promised to be paid under the
memorandum dated 31st July, 2000 which was finally
paid in January, 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.)
