Hari Pada Das And Ors vs The State Of West Bengal & Ors
2022 Latest Caselaw 399 Cal/2

OD-11
                               ORDER SHEET
                     IN THE HIGH COURT AT CALCUTTA
                       Constitutional Writ Jurisdiction
                              ORIGINAL SIDE


                                WPO/465/2022

                        HARI PADA DAS AND ORS.
                                Versus
                   THE STATE OF WEST BENGAL & ORS.

 BEFORE:
 The Hon'ble JUSTICE ARINDAM MUKHERJEE
 Date : 9th February, 2022
 [Via Video Conference]

                                                   Mr. Debdutta Basu, Adv...for Petitioner.

                                                     Mr. Naba Kumar Das, Adv...for State.

                         Mr. Niladri Bhattacharjee, Ms. Deblina Chattaraj, Advs. for WBTC.



    The Court : Affidavit of service filed in court today is taken on record.

    The petitioners are 14 in number. Petitioner nos. 1 to 10 are retired

 employees and petitioner nos. 11 to 14 are existing 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. vs. 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 date of accrual of the amounts

claimed in respect of the petitioner till 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 %.

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.)

NM.