Pradip Bandhu Ghosh & Ors vs The North Bengal State Transport
2023 Latest Caselaw 5488 Cal

23.08.2023 Court No.25 Item No.06 Sws.M

WPA 19274 of 2023

Pradip Bandhu Ghosh & Ors.

vs.

The North Bengal State Transport Corporation & Ors.

Mr. Sufi Masih Aftab ... For the Petitioner.

Mr. Amal Kumar Sen Mr. Sabyasachi Mondal ... For the N.B.S.T.C.

Affidavit of Service filed in Court today be

retained with the records.

The petitioners are retired employees of

North Bengal State Transport Corporation (NBSTC).

The petitioner No. 1 was superannuated from

service on January 31, 2015. The petitioner No. 2

voluntarily retired from service on July 31, 2017.

The petitioner No. 3 voluntarily retired from service

on June 30, 2014. The petitioners pray for second

Career Advancement Scheme (CAS) benefits for

rendering more than 20 years of continuous and

satisfactory service.

Mr. Sen, learned Additional Government

Pleader appears on behalf of NBSTC and submits

that the petitioners have approached this Court

belatedly and therefore their claims are defeated by

the reason of delay, acquiescence and laches. He

submits that the petitioners' claims are barred by

law of limitation.

He relies on a judgement reported in

(2008) 8 SCC 648 (Union of India and others vs.

Tarsem Singh) and also a judgment reported in

(2010) 12 SCC 538 (State of Madhya Pradesh and

others vs. Yogendra Shrivastava) for the

proposition that where an issue relates to payment

or fixation of salary or allowance, the challenge

may not be barred by limitation or doctrine of

laches, as denial of benefit occurs every month by

month giving rise to a fresh cause of action.

Therefore, there may be a continuing wrong.

However, the consequential benefits for recovery of

such arrears for the past period will have to be

restricted to a period of three years prior to the date

of the original application.

Let the matter appear for further

consideration under the same heading 'Motion' on

September 20, 2023.

All parties are to act on a server copy of

this order downloaded from the official website of

this Hon'ble Court.

(Lapita Banerji, J.)