Calcutta High Court
Kailash Ram vs The State Of West Bengal And Ors on 29 June, 2022
OD-9
WPO/2290/2022
IN THE HIGH COURT AT CALCUTTA
Constitutional Writ Jurisdiction
ORIGINAL SIDE
KAILASH RAM
VS
THE STATE OF WEST BENGAL AND ORS.
BEFORE:
The Hon'ble JUSTICE ARINDAM MUKHERJEE
Date: 29th June, 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. Santanu Kr. Mitra, Sr. Govt. Adv.
Mr. Subhabrata Das, Adv.
...for the State
The Court : Affidavit of service filed in court today is taken on record.
The petitioner is an 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 31st July, 2000 the
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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 31st 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 31st 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 is still in service, 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 31st 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.)
B.Pal
