Calcutta High Court (Appellete Side)
Umesh Lal vs The State Of West Bengal & Ors on 23 August, 2022
24
23.08.2022
Ct. No.23
sb.
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION
APPELLATE SIDE
WPA 18071 of 2022
Umesh Lal
Vs.
The State of West Bengal & Ors.
Mr. Srinjay Sengupta,
Mr. Sourav Roy,
Mr. Narattam Acharyya,
Mr. Ankush Ghosh
... For the petitioner.
Mr. Mahadeb Sarkar
... For the State.
Ms. Deblina Chattaraj,
Mr. Rohan Chatterjee
... For the WBTC Ltd.
Affidavit of service filed in Court today is taken on
record.
The petitioner is a retired 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 retired from the
services on 31st August, 2019 and, therefor, became
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.)
