Asoke Kumar Mukhopadhyay vs The State Of West Bengal And Ors
2023 Latest Caselaw 6572 Cal

27.09.2023
Court No.25
Item No.162
   SD


                                       WPA 23010 of 2023

                               Asoke Kumar Mukhopadhyay
                                             Vs.
                              The State of West Bengal and Ors.


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

                   Ms. Deblina Chattaraj

                                              ... For the respondent WBTCL.

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 September 30, 2014.

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. 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 23010 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.)