Anita Devi vs The State Of West Bengal And Ors
2023 Latest Caselaw 2734 Cal/2

OD-39

                          ORDER SHEET
                 IN THE HIGH COURT AT CALCUTTA
                CONSTITUTIONAL WRIT JURISDICTION
                          ORIGINAL SIDE


                            WPO/1492/2023

                           ANITA DEVI
                               VS
               THE STATE OF WEST BENGAL AND ORS

  BEFORE:
  The Hon'ble JUSTICE LAPITA BANERJI
  Date: 29th September, 2023.
                                                                 Appearance:
                                                     Mr. Debdutta Basu, Adv.
                                                            For the Petitioner

                                              Mr. Bhaskar Prasad Vaisya, Adv.
                                                       Mr. N. B. Mandal, Adv.
                                                                 For the State



      The Court: Affidavit of service filed in Court today be retained with

the records.

      In this writ petition, the petitioner i.e. wife of the deceased

employee of West Bengal Transport Corporation Limited (WBTCL),

formerly known as the Calcutta Tramways Company (1978) Limited

claims for disbursement of interest at the rate of 10 per cent per annum

on the death benefits aggregating to Rs. 25,64,220/- (Rupees Twenty

Five Lakhs Sixty Four Thousand Two Hundred Twenty Only) from

October 5, 2021 (the date of death) till February 18, 2022 (the date of

actual payment). The petitioner's husband worked as permanent

employee with Calcutta Tramways Co. (1978) Ltd., now known as West

Bengal Transport Corporation Limited (WBTCL).
                                        2


        The husband of writ petitioner died on October 5, 2021 while in

service.

        Following the judgements of the Apex Court and also the judgment

passed by Co-ordinate Bench of this Hon'ble Court, this Court holds that

interest at the rate of 6 per cent per annum should be paid by the

respondent company to the petitioner from October 6, 2021 (date

subsequent to the date of death) till February 18, 2022 (the date on

which the disbursement was made), within three months from date. In

the event there is any default in payment of interest within the stipulated

period, the rate of interest will stand increased to 10 per cent per annum

being the rate payable at present under the Payment of Gratuities Act,

1972.

Since affidavits have not been invited in the present writ petition,

the allegations made in the writ petition are deemed not to have been

admitted by the parties.

With the aforesaid directions, the writ petition, being WPO

No.1492 of 2023 is disposed of.

All parties are to act on a server copy of 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.)

A Dey/mg