Fulwanti Devi vs The State Of West Bengal & Ors
2022 Latest Caselaw 6110 Cal

    1                    IN THE HIGH COURT AT CALCUTTA
30.08.2022              CONSTITUTIONAL WRIT JURISDICTION
  sb
   Ct 23                        APPELLATE SIDE
                                   WPA 18566 of 2022

                                        Fulwanti Devi
                                             Vs.
                               The State of West Bengal & Ors.

                            Mr. Goutam Dey,
                            Mr. Dipendu Sarkar ,
                            Mr. Kaushal Kumar
                                       .... For the petitioner.

                            Ms. Sudipa Roy
                                       ... For the State.

                            Mr. Niladri Bhattacharjee,
                            Ms. Deblina Chattaraj,
                            Mr. Rohan Chatterjee
                                         ...For WBTC.


                   This matter appeared in the list on 23rd August,

             2022 along with several other matters. It was submitted

             by the parties that this matter is similar to those which

             appeared in the list on that date. While checking the order

             for the purpose of signing the same it was noticed by this

             Court that apart from the prayer for interest on delayed

             payment of retiral dues the petitioner has also prayed for

             arrears on account of Career Advancement Scheme (in

             short, CAS).


                   So far as the interest for delayed payment of retiral

             dues are concerned, the issue is already settled in view of

             the several judgments of this Court as also of the Hon'ble

             Supreme Court. The latest of which is reported in (2022) 4

             SCC 627. However, in respect of CAS benefits, the matter
                                2




requires hearing to ascertain the entitlement of the

employee concerned. However, the interest for delayed

payment in the instant case cannot be granted in an

isolated manner without scrutinizing the issue of CAS as

allowing CAS benefit as claimed by the petitioner may

result in refixation of the scale of pay of the petitioner

which in turn will have a cumulative effect on the gratuity

amount, leave salary as also the provident fund amount.

In view of this situation, the matter has been brought to

the list without the order being signed.


       The issues involved in this matter to be adjudicated

require further scrutiny which is possible only after

allowing the respondents to file an affidavit disclosing

their stand.

Let affidavit-in-opposition be filed by 30th

September, 2022 with a copy to the learned advocate for

the petitioner. Reply, if any, thereto be filed by 7th

November, 2022.

Liberty to mention for inclusion in the list under the

heading "hearing" after completion of affidavits or after

expiry of the time period granted for filing affidavits, if no

affidavits are filed.

(Arindam Mukherjee, J.)