Calcutta High Court (Appellete Side)
Samir Kumar Bal vs The State Of West Bengal & Ors on 13 April, 2023
13.04.2023 IN THE HIGH COURT AT CALCUTTA
DL-184 CONSTITUTIONAL WRIT JURISDICTION
(PP) APPELLATE SIDE
WPA 8160 of 2023
Samir Kumar Bal
Vs.
The State of West Bengal & Ors.
Mr. Srinjay Sengupta,
Mr. Saurav Roy,
Mr. Narattam Acharyya,
Mr. Ankush Ghosh,
Ms. A. Ahmed
....for the petitioner.
Mr. Niladri Bhattacharjee,
Ms. Angana Dutta
.....for WBTCL.
Mr. Tarun Kumar Ghosh,
Mr. Somraj Dhar
....for the State.
Affidavit of service filed in Court today be
retained with the records.
The writ petitioner was an employee of the
West Bengal Transport Corporation Limited (in
short 'the WBTCL') previously known as the
Calcutta Tramways Company (1978) Limited. The
writ petitioner retired from his service on January 31,
2020.
The writ petitioner prays for disbursement of
interest on the arrears of pay since April 1, 1997 to
March 31, 2000. The writ petitioner prays for
calculation of interest from April 1, 2000.
The writ petitioner claims interest on delayed
payments for benefits under the Revision of Pay
and Allowance Rules, 1998 (in short, ' ROPA' ).
2
The petitioner also prays for the benefits under
the Office Memoranda dated June 23, 2000 and July
21, 2000. The petitioner was required to be paid
the said arrears by five annual installments from
November 1, 2002. The petitioner was paid the
said arrears by 2008.
Mr. Sengupta, learned counsel appearing on
behalf of the petitioner states that he is entitled
to interest for this delay in payment of arrears.
The petitioner became entitled to interest on
arrears on account of delay beyond the scheduled
date of payment assured under the Memorandum
dated June 23, 2000 and July 21, 2000.
The petitioner is entitled to claim such
interest. Due to the assurance made by the
employer/State, the claim of the petitioner has
attained a statutory colour. This Court is of the view
that the laws of limitation are not applicable in
exercise of jurisdiction under Article 226 of the
Constitution of India relying on a judgment passed by
the Apex Court reported in 2022 Live Law (SC) 785
(State of Rajasthan & Ors. Vs. O.P. Gupta). It has
also been held in the said decision that the Court
cannot be oblivious to the difficulties of a retired
employee in approaching the Court, which could
include financial constraints.
The respondent shall pay interest from the
scheduled date of payment of the annual
installments by which the arrears were promised
to be paid under the Memorandum dated July
21, 2000 till the date on which they were finally
paid in 2008.
Interest to be paid @7% per annum within a
period of three months from the date of
communication of this order without insisting of
production of certified copy thereof.
In default of the payment of the aforesaid
interest within a period of three months from
date, the rate of interest shall be increased to @8%
per annum.
The writ petition, WPA 8160 of 2023 stands
disposed of.
Since no affidavits have been invited in the
writ petition, the allegations in the writ petition be
deemed not to have been admitted by the parties.
All parties shall act on the server copies of
this order duly downloaded from the official
Website of this Hon'ble Court.
(Lapita Banerji, J.)
