Asit Biswas vs The State Of West Bengal & Ors
2022 Latest Caselaw 1069 Cal

    52
08.03.2022
 Ct. No.23
     pg.
                        IN THE HIGH COURT AT CALCUTTA
                       CONSTITUTIONAL WRIT JURISDICTION
                                APPELLATE SIDE

                                   WPA 3462 of 2022

                                       Asit Biswas
                                            Vs.
                             The State of West Bengal & Ors.


                       Mr. Lakshman Chandra Halder
                                 ... For the petitioner

                       Mr. Pinaki Dhole
                       Mr. Avishek Prasad
                                   ... For the State

                       Ms. Deblina Chattaraj
                                  ... For the WBTC

                       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 Limited (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 14th September, 2021 passed in
             WPA 7490 of 2021 (Vivekananda Halder & Ors. v. 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

scheduled date of payment on the amounts paid to 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 per cent.

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.)