Samar Chakraborty vs The State Of West Bengal & Ors
2022 Latest Caselaw 2923 Cal

     142
17.05.2022
 Ct. No.23
     sb.
                        IN THE HIGH COURT AT CALCUTTA
                       CONSTITUTIONAL WRIT JURISDICTION
                                APPELLATE SIDE

                                  WPA 8513 of 2022

                                  Samar Chakraborty
                                          Vs.
                            The State of West Bengal & Ors.


                       Mr. Tapan Datta Gupta,
                       Mr. Parvej Anam
                                   ... For the petitioner.

                       Ms. Tuli Sinha
                                   ... For the State.


                       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 petitioner retired from services on
             31st January, 2022. There is as such no inordinate delay
             or laches on the part of the petitioner in claiming the
             benefits.

                       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, 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.)