Mina Devi vs The State Of West Bengal & Ors
2022 Latest Caselaw 976 Cal

     05
03.03.2022

Ct. No.23 pg.

IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE

WPA 2846 of 2022

Mina Devi Vs.

The State of West Bengal & Ors.

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

Ms. Deblina Chattaraj ... For the WBTC

Affidavit of service filed in Court today is taken on

record.

The petitioner's husband while in employment of

Calcutta Tramways Company (1978) Ltd. (in short "CTC")

now known as West Bengal Transport Corporation Limited

(in short "WBTC") died on 11th May, 2006. The petitioner

claims interest on delayed payment of benefits under the

Revision of Pay and Allowance Rules, 1998 (in short "ROPA

1998") which were payable to her deceased husband. The

petitioner's cause to claim interest on delayed payment

had accrued immediately after the death of her husband

on 11th May, 2006 but the petitioner has approached this

Court only on 16th February, 2022. The representations

made by the petitioner are not only belated but also does

not revive the petitioner's claim.

Although, 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.) but for the long

delay on the part of the petitioner in approaching the

Court disentitles her to the benefit. There is also no

pleading or evidence to show that the petitioner's cause is

a continuing one.

The writ petition is, therefor, required to be

dismissed in view of the ratio laid down in 2008(8) SCC

648 (Union of India And Others vs. Tarsem Singh) and

2016 (13) SCC 797 (Asger Ibrahim Amin vs. Life Insurance

Corporation of India) which, according to me, is applicable

in this case as the petitioner's claim for interest on delayed

payment shall be viewed in the line of retiral benefits being

the subject matter of Asger Ibrahim Amin (supra) and

Tarsem Singh (supra).

The writ petition is dismissed. 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.)