Mohammad Moktar vs The State Of West Bengal And Ors
2023 Latest Caselaw 3350 Cal

11.05.2023
Court No.25
Item No.103
   SD


                                       WPA 10832 of 2023

                                     Mohammad Moktar
                                             Vs.
                              The State of West Bengal and Ors.


              Mr. Srinjay Sengupta
              Mr. Saurav Roy
              Mr. Narattam Acharyya
              Mr. Ankush Ghosh
                                                                   ... For the Petitioner.


              Mr. Niladri Bhattacharjee
              Ms. Angana Dutta
              Ms. Sristi Paul
                                                     ... For the respondent WBTCL.

Mr. Srinath Singha Roy ..For the State

Affidavit of service filed by the petitioner is taken

on record.

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 February 29, 2020.

The writ petitioner prays for disbursement of

interest on the arrears of pay payable 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').

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 arrears by

five annual instalments 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. A beneficial

reference may be made to an order/judgment passed by the

Hon'ble Division Bench in F.M.A. 3942 of 2016 (Amarnath

Tiwari & Ors. vs. State of West Bengal & Ors.) 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 instalments 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.

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.

The writ petition, WPA 10832 of 2023 is disposed of.

There will be no order as to costs.

All parties to act on the server copies of this

order duly downloaded from the official website of this

Hon'ble Court.

(Lapita Banerji, J.)