Sanaka Ghosh vs The State Of West Bengal & Ors
2022 Latest Caselaw 712 Cal/2

OD-5
                               ORDER SHEET
                     IN THE HIGH COURT AT CALCUTTA
                       Constitutional Writ Jurisdiction
                              ORIGINAL SIDE

                                WPO/1077/2022

                            SANAKA GHOSH
                                Versus
                   THE STATE OF WEST BENGAL & ORS.

 BEFORE:
 The Hon'ble JUSTICE ARINDAM MUKHERJEE
 Date : 28th February, 2022


                                         Mr. Debdutta Basu, Advocate for the petitioner.

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



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

       The petitioner and the proforma respondents are the nominees of the

deceased employee of Calcutta Tramways Company (1978) Ltd. (in short,

"CTC") now known as West Bengal Transport Corporation (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") which is applicable to him.

The issue sought to be raised in the instant writ petition is squarely

covered by a recent judgment and order of this Court dated 14 th

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.)

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