Calcutta High Court
Mitra Chakraborty vs The State Of West Bengal And Ors on 29 June, 2022
OD-6
WPO/2281/2022
IN THE HIGH COURT AT CALCUTTA
Constitutional Writ Jurisdiction
ORIGINAL SIDE
MITRA CHAKRABORTY
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. Suman Sengupta, A.G.P.
Mr. Saikat Chatterjee, Adv.
...for the State
The Court : Affidavit of service filed in court today is taken on record.
The husband of the petitioner, since deceased was an employee of
Calcutta Tramways Company (1978) Ltd. (in short, "CTC") now known as
West Bengal Transport corporation (in short, "WBTC") who died on 12th
June, 2018 while in service. 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's
husband by the memoranda respectively dated 23rd June, 2000 and 21st
July, 2000. The petitioner says that under the memorandum dated 31st
2
July, 2000 the petitioner's husband 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's husband was paid
the said arrears between September, 2006 and January, 2008. The
petitioner says that her husband was entitled to interest for this delay in
paying the arrears. The claim of the petitioner's husband 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's husband, 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 right to claim this interest in favour of the petitioner's husband
continued till upto his date of death having been in service. The employer
was supposed to pay the interest along with his other terminal benefits
immediately on 12th June, 2018 when the petitioner's husband died.
Therefore, the petitioner becomes entitled to claim such interest after the
death of her husband on 12th June, 2018. 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
