Calcutta High Court
Babu Adhikary vs The State Of West Bengal And Ors on 20 July, 2022
OD-5
ORDER SHEET
WPO 2356 of 2022
IN THE HIGH COURT AT CALCUTTA
Constitutional Writ Jurisdiction
ORIGINAL SIDE
BABU ADHIKARY
VS
THE STATE OF WEST BENGAL AND ORS.
BEFORE:
The Hon'ble JUSTICE ARINDAM MUKHERJEE
Date: 20th July, 2022.
Appearance:
Mr. Debdutta Basu, Adv.
...for the petitioner
Mr. Niladri Bhattacharjee, Adv.
Ms. Deblina Chattaraj, Adv.
Mr. Rohan Chatterjee, Adv.
...for the WBTC Ltd.
Mr. Tapan Kr. Mukherjee, Sr. Adv.
Ms. Tuli Sinha, Adv.
...for the State
The Court : 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 (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 benefits 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 21st
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 21st July,
2000 on the arrear 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, therefore, became entitled to
interest on the arrear amount for the delay beyond the scheduled date of
payment as assured under the memorandum dated 21st 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 continues till upto his
date of retirement when the employer is supposed to pay the interest
along with his other retiral benefits. The petitioner retired from the
service on 31st March, 2021 and, therefore, the claim to delayed payment
of benefits is very much alive. Therefore, the petitioner becomes 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. vs. the State of West Bengal & Ors.).
This writ petition is as such 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 21st 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 %.
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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