Saraswaty Sil Alias Saraswty Sil vs The State Of West Bengal & Ors
2022 Latest Caselaw 1197 Cal

     39
15.03.2022
 Ct. No.23
     PP.
                      IN THE HIGH COURT AT CALCUTTA
                     CONSTITUTIONAL WRIT JURISDICTION
                              APPELLATE SIDE

                                 WPA 19904 of 2021

                          Saraswaty Sil alias Saraswty Sil
                                        Vs.
                          The State of West Bengal & Ors.


                     Mr. Golam Mohammad
                                                  ... for the petitioner.

                     Mr. Himadri Sikhar Chakraborty,
                     Mr. Arunava Maiti
                                                   ... for the State.

                     Ms. Deblina Chattaraj
                                                     ... for the WBTC.


                     The petitioner's husband was an employee of
             Calcutta Tramways Company (1978) Ltd. now known as
             West Bengal Transport Corporation Limited (in short
             "WBTC") who retired from services on 31st August, 2017
             and died on 6th July, 2019. The petitioner claims interest
             on delayed payment of benefits under the Revision of Pay
             and Allowance Rules, 1998 (in short "ROPA 1998"), the
             principal amount of which was received by the petitioner's
             deceased   husband.       Sometimes    around    2008,   the
             petitioner's husband till the date of his retirement could
             have been paid the interest amount and such right to
             claim interest in favour of the petitioner's husband was
             alive and crystalized only on his retirement on 31st August,
             2017. The petitioner's husband died within two yers from
             his retirement. The petitioner has filed the writ petition on
             8th December, 2021, that is also within three years from
             the date of death of her husband.

                     Keeping in mind the pandemic, the delay in
             approaching the Court is neither enormous nor fatal to
             reject the claim.
                        2




         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.)