Samar Kumar Dey vs State Of West Bengal & Ors
2023 Latest Caselaw 6982 Cal

      11.10.23
138   Ct. No.25
       Sws.M
                                WPA 23217 of 2023

                                Samar Kumar Dey
                                       vs.
                           State of West Bengal & Ors.


                      Mr. Golam Mohammad
                                                     ...for the petitioner
                      Ms. Deblina Chattaraj
                      Ms. Angana Dutta
                                   ...for the respondents-Corporation

Mr. Amitava Chowdhury Mr. S. Paul ...for the State

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 petitioner

retired from service in April 30, 2014.

The writ petitioner prays for disbursement of

interest on the arrears of pay since April 01, 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

said arrears by five annual installments from

November 1, 2002. The petitioner was paid the said

arrears by 2008.

Mr. Mohammad, learned counsel appearing on

behalf of the petitioner states that the petitioner 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.

The petitioner is entitled to claim such

interest. 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

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 23217 of 2023 stands

disposed of.

Since no affidavits have been called for in the

writ petition, the allegations contained therein be

deemed not to have been admitted by the

respondents.

All parties shall act on the server copy of this

order duly downloaded from the official website of

this Hon'ble Court.

Urgent certified website copies of this order, if

applied for, be made available to the parties subject

to compliance with all requisite formalities.

(Lapita Banerji, J)