Smita Dey vs The State Of West Bengal & Ors
2022 Latest Caselaw 1025 Cal/2

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

                           W.P.O. No.1268 of 2022
                                 Smita Dey.
                                   Versus
                      The State of West Bengal & Ors.

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

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

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



   Supplementary affidavit, filed in court today, is taken on record.

   The husband of the petitioner was a retired employee of Calcutta

Tramways Company (1978) Ltd. (in short, "CTC") now known as West Bengal

Transport corporation (in short, "WBTC") who died on 4th June, 2021. The

petitioner claims interest on delayed payment of benefits under the Revision of

Pay and Allowance Rules, 1998 (in short, "ROPA 1998") which was payable to

the petitioner's husband and is now payable to her.

   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.). There is also not much delay in approaching the Court.

   As such, this writ petition is disposed of with the similar directions as

rendered in the above-mentioned writ petition, which are as follows :-
                                                  2


              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.)

K. Banerjee A.R. [C.R.]