Calcutta High Court (Appellete Side)
Tapan Kumar Paul @ Tapan Paul vs The State Of West Bengal & Ors on 3 January, 2023
18
03.01.2023
d.p.
In The High Court At Calcutta
Constitutional Writ Jurisdiction
Appellate Side
W.P.A 14595 of 2022
Tapan Kumar Paul @ Tapan Paul
-versus
The State of West Bengal & Ors.
Mr. Chittaranjan Chakraborty,
Mr. Dip Jyoti Chakraborty,
Mr. Sumit Banerjee.
...For the Petitioner.
Mr. Aloke Kumar Ghosh,
Mr. Arijit Dey.
...For KMC.
Ms. Chaitali Bhattacharya,
Ms. Sanjukta Samanta.
...For the State.
The prayer of the petitioner for grant of interest on
account of delayed payment of his retiral benefits has
been rejected by the Assessor Collector (South), Kolkata
Municipal Corporation.
The petitioner is aggrieved by the same.
The petitioner submits that he will be entitled to
receive interest as the payment was made long after he
retired.
The petitioner relies upon an order dated 6th
August, 2018 passed in his favour in W.P. 24373 (W) of
2017 where the Court directed the KMC authorities to
calculate and disburse the retirement benefits of the
petitioner by treating him to be in service for the period
from 3rd May, 2003 till 29th February, 2016.
2
The aforesaid order dated 6th August, 2018 stood
affirmed by judgment dated 20th September, 2019
passed by the Hon'ble Division Bench in the appeal
preferred by the respondent authorities being CAN
10279 of 2018 in MAT 1352 of 2018.
The Hon'ble Division Bench directed the
respondents to release the financial benefits in terms of
the order passed by the Learned Single Judge.
An application for contempt was filed by the
petitioner for non-compliance of the order passed by
the Learned Single Judge.
By order dated 14th February, 2020, the said
contempt application being CPAN 605 of 2019 arising
out of W.P. 24373 (W) of 2017 stood disposed of
without passing any order for payment of interest on
account of the delayed payment of the dues of the
petitioner.
It has been submitted that presently regular
pension is being paid to the petitioner and the details of
payment have been mentioned in the communication
made by the Assessor Collector (South) on 8th February,
2021.
The prayer for interest has been opposed by the
learned advocate appearing for the Corporation.
According to the respondents, the petitioner will
not be entitled to interest as the payment had been
made in terms of the order passed by the Learned
Single Judge.
It appears from the documents annexed to the writ
petition that though the petitioner prayed for releasing
his arrear pay, pension and other benefits along with
interest, the Court did not pass any order for releasing
the retirement benefits along with interest.
It appears from the submissions made on behalf of
the parties that initial prayer for interest made by the
petitioner has been disallowed by the Learned Court in
the earlier writ petition filed by the petitioner.
The petitioner never preferred any appeal against
the said order. On the contrary he accepted the
payment made by the Corporation without raising any
objection.
Accordingly, at this stage, the petitioner cannot be
permitted to re-agitate his prayer for interest all over
again.
The same will be barred by the principles of
constructive res judicata and the prayer of the
petitioner cannot be entertained by the Court.
In view of the above, no relief can be granted to the
petitioner in the present writ petition.
The writ petition, accordingly, fails and is hereby
dismissed.
Urgent photostat certified copy of this order be
supplied to the parties, if applied for, as early as
possible.
( Amrita Sinha, J.)
