Banani Das vs The State Of West Bengal & Ors
2022 Latest Caselaw 2932 Cal

17.05.2022         IN THE HIGH COURT AT CALCUTTA
Sl. No.158         CONSTITUTIONAL WRIT JURISDICTION
   (PP)                   APPELLATE SIDE

                            WPA 8719 of 2022

                               Banani Das
                                    Vs.
                       The State of West Bengal & Ors.

                 Mr. Golam Mohammad
                                               ....for the petitioner.

                 Ms. Deblina Chattaraj
                                                       ....for 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 her. The petitioner retired from

             services on 30th November, 2018. 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.)