Manas Bose v. State Of West Bengal And ORS.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE 15 08.8.2025 Sc Ct. no.2 WPA 1327 OF 2024 ------------- Manas Bose Vs.

The State of West Bengal & Ors.

Mr. Rahul Sengupta ....For the Petitioner Mr. Sekhar Mustaphi Mr. Manas Kr. Sadhu.

....For the Respondent No.1/State Mr. Niladri Bhattacharjee Ms. Poulami Chattopadhyay.

.....For the WBTCL Mr. Rahul Sengupta, learned Advocate appears for the petitioner.

Mr. Sekhar Mustaphi, learned Advocate with Mr. Mans Kr. Sadhu, learned Advocate appears for the respondent no.1/State.

Ms. Poulami Chattopadhyay, learned Advocate led by Mr. Niladri Bhattacharjee, learned Advocate appears for the WBTCL.

The relevant facts are that, the petitioner as an employee of the WBTCL had retired on September 30, 2017. The petitioner received all his retiral benefits on November 27, 2017. There was a delay in releasing the retiral benefits for about 58 days. By a demand in writing dated January 6, 2023 at page 18 to the writ petition, the petitioner demanded interest on such delayed

payment. The writ petition has been filed on January 15, 2024.

These facts are admitted.

Neither any cogent or convincing reason shown in the petition as to why the claim was grossly and inordinately delayed one.

Learned Advocate Ms. Poulami Chattopadhyay appearing for the WBTCL submits that, such a grossly belated claim should not be entertained and the writ petition should be dismissed. In support, she has relied upon a decision of the coordinate Bench In the matter of : Santosh Kumar Das -vs.- The State of West Bengal & Ors., dated July 2, 2024, rendered in WPA 26917 of 2023.

Ms.

Chattopadhyay, learned Advocate further submits that, no appeal has been carried out from the said order dated July 2, 2024.

The law is well settled that delay defeats equity. Grant of interest in such a case largely depends on the equitable jurisdiction of this Court.

In view of the above, this writ petition, WPA 1327 of 2024 stands dismissed, without any order as to costs. (Aniruddha Roy, J.)