Biswanath Banerjee vs The State Of West Bengal & Ors
2022 Latest Caselaw 2929 Cal

     135
17.05.2022
 Ct. No.23
     sb.
                        IN THE HIGH COURT AT CALCUTTA
                       CONSTITUTIONAL WRIT JURISDICTION
                                APPELLATE SIDE

                                   WPA 8499 of 2022

                                  Biswanath Banerjee
                                           Vs.
                             The State of West Bengal & Ors.


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


                       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 (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.)