Abhoy Chandra Naskar & Ors vs The State Of West Bengal & Ors
2022 Latest Caselaw 371 Cal

     121
08.02.2022
 Ct. No.23
     sb.
                        IN THE HIGH COURT AT CALCUTTA
                       CONSTITUTIONAL WRIT JURISDICTION
                                APPELLATE SIDE

                                   WPA 306 of 2022

                             Abhoy Chandra Naskar & Ors.
                                          Vs.
                            The State of West Bengal & Ors.


                       Mr. Golam Mohammad
                                  ... For the petitioner

                       Ms. Deblina Chattaraj
                                  ... For the WBTC
                       Affidavit of service filed in Court today is taken on
             record.

                       The petitioners no.1 to 9 are retired employees and
             petitioners no.10 to 12 are in service employees of Calcutta
             Tramways Company (1978) Ltd. (in short "CTC") now
             known as West Bengal Transport Corporation (in short
             "WBTC"). They have joined in the instant writ petition to
             ventilate their individual independent cause pertaining to
             identical issue against the same set of respondents. The

petitioners claim interest on delayed payment of benefits under the Revision of Pay and Allowance Rules, 1998 (in short "ROPA 1998") which is applicable to them.

The court fees paid is found to be sufficient.

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 on the amounts paid to the petitioners till 2008 or till the date of actual payment of such arrears, less interest, if any, already paid, at the rate of 7% per annum to the petitioners 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.)