Ajoy Kumar Ghosh & Ors vs The State Of West Bengal & Ors
2023 Latest Caselaw 270 Cal

10.01.2023          IN THE HIGH COURT AT CALCUTTA
  DL-16            CONSTITUTIONAL WRIT JURISDICTION
   (PP)                  APPELLATE SIDE
   Ct.21
                          WPA 25141 of 2022

                      Ajoy Kumar Ghosh & Ors.
                                 Vs.
                    The State of West Bengal & Ors.


                  Mr. Subhadeep Chatterjee,
                  Ms. Arpita Kundu
                                                ....for the petitioners.

                  Mr. Pinaki Dhole,
                  Mr. Ananda Dulal Sarkar
                                                    ....for the State.

                  Mr. Kallol Ghoshal
                                                       .....for WBTC.


                  Supplementary affidavit filed in Court today be

             retained with the records.

                  Mr. Chatterjee, learned counsel, appears on

             behalf of the petitioners and submits that the

             petitioners' delay in approaching the Court for

             claiming interest on arrears on the General Provident

             Fund account in accordance with the memorandum

             dated June 23, 2000 passed by the West Bengal

             Transport Corporation Limited (in short, "WBTCL")

             previously   known    as     the   Calcutta   Tramways

             Company (1978) Ltd. will not non-suit the petitioner.

                  He relies on a judgment/order passed in FMA

             1275 of 2016 in (Nabin Kumar Jha & Ors. State of

             West Bengal & Ors.) in support of his contention.

             Furthermore, he relies on a Apex Court decision
                       2




passed in Civil Appeal No.5151-5152 of 2008 (Union

of India & Ors. Vs. Tarsem Singh). He also relies on

another judgment of the Apex Court in Appeal (Civil)

No.184 of 2008 (S. K. Dua Vs. State of Haryana &

Anr.).

     The contention is that despite the fact that there

being a long delay in seeking remedy if the wrong

sought to be rectified is a continuous source of injury

to the petitioner and no settled rights of third parties

are affected, the claim of the petitioner may be

entertained.

     Ms.   Chattaraj,          learned     counsel     for    the

respondent/WBTCL          is     not     present     today.   An

accommodation is sought for on her behalf.

Let this matter appear for further consideration

on January 17, 2023 under the heading "Motion".

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.)