Hazrat Nabi Pramanik vs The State Of West Bengal & Ors
2022 Latest Caselaw 6411 Cal

51   08.9.2022                              WPA 6523 OF 2022
Sc   Ct. no.22                                    --------------


                                           Hazrat Nabi Pramanik
                                                        Vs.
                                        The State of West Bengal & Ors.


                       Ms. Santi Das
                                                                   .... For the Petitioner

                       Mr. Shayak Chakraborty
                                                                   .... For the State


                       The      petitioners     claim     interest      on   the   entire

                 monetary component on account of his retiral benefits.

                 The relevant orders of one of a Division Bench of this

                 Court is dated January 31, 2012 passed in MAT 134 of

                 2012 and the other one is a Judgment and Order dated

                 February 20, 2015 passed by a coordinate Bench in

                 WPA No.21491 of 2011.                  Both the said orders are

                 appearing from page 50 and from page 28 of the writ

                 petition.     These two orders finally made the petitioner

                 eligible to receive his entire retiral benefit. To conclude

                 the   dispute     in    this   writ    petition,      an    arithmetical

                 calculation is necessarily to be carried out by the

                 respondent no.3.

To cut short the matter, the respondent no.3 is

directed to arrive at the necessary arithmetic calculation

taking into account the said two orders, mentioned above

passed by this Court and inform the petitioner by

handing over a copy of the said detailed calculation to the

petitioner.

To carry out the aforesaid direction, the respondent

no.3 will be at liberty to call upon the petitioner to arrive

at the correct arithmetical calculation upon at least seven

days' prior notice to the petitioner. The interest should be

calculated at the prevailing rate at the relevant point of

time as on January 31, 2012.

The entire exercise shall be carried out by the

respondent within a period of four weeks from the date of

communication of this order.

On arrival of such arithmetical calculation as to the

interest payable to the petitioner, the respondent no.3

shall file a report supported by an affidavit before this

Court within a period of two weeks after arriving at the

said calculation.

The writ petition shall appear under the heading

"For Order" on November 10, 2022.

(Aniruddha Roy, J.)