Tapan Kumar Dey vs The State Of West Bengal & Ors
2022 Latest Caselaw 933 Cal

     26
01.03.2022
 Ct. No.23
     sb.
                        IN THE HIGH COURT AT CALCUTTA
                       CONSTITUTIONAL WRIT JURISDICTION
                                APPELLATE SIDE

                                    WPA 2865 of 2022

                                    Tapan Kumar Dey
                                            Vs.
                              The State of West Bengal & Ors.


                       Mr.   Srinjay Sengupta
                       Mr.   Saurav Roy
                       Mr.   Narattam Acharyya
                       Mr.   Ankush Ghosh
                                     ... For the petitioner.

                       Mr. Md. Mansoor Alam
                                 ... For the State

                       Mr. Niladri Bhattacharjee
                       Ms. Deblina Chattaraj
                                    ... For the WBTC.



                       Affidavit of service filed in Court today is taken on
             record.

                       The petitioner is a retired 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") 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.).
                       2




         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, 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.)