Ranjan Kumar Nandi And ORS v. State Of West Bengal And ORS.

13.04.2023 Court No.25 Item No.154 SD WPA 7662 of 2023 Ranjan Kumar Nandi & Ors.

Vs.

The State of West Bengal and Ors.

Mr. Goutam Dey Mr. Dipendu Sarkar Mr. Kaushal Kumar Ms. Ankita Ghosh Mr. Ankan Mondal ... For the Petitioners.

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

Mr. Rama Prasad Sarkar Ms. Anita Deb Sana ...For the State Affidavit of service filed by the petitioner is taken on record.

The writ petitioners are an employee of the West Bengal Transport Corporation Limited (in short "WBTCL") previously known as the Calcutta Tramways Company (1978) Limited. The writ petitioner nos. 1, 2, 3 and 4 joined service on 13.6.1996, 7.10.1996, 20.9.1996 and 1.7.1999 respectively. The writ petitioners are still in service. The writ petitioners pray for disbursement of interest on the arrears of pay payable since April 1, 1997 to March 31, 2000. The writ petitioners pray for calculation of interest from April 1, 2000.

The writ petitioners claim interest on delayed payments for benefits under the Revision of Pay and Allowance Rules, 1998 (in short, 'ROPA').

The petitioners also pray for the benefits under the Office Memoranda dated June 23, 2000 and July 21, 2000. The petitioners were required to be paid the arrears by five annual instalments from November 1, 2002. The petitioners were paid the said arrears by 2008. Mr. Dey, learned counsel appearing on behalf of the petitioners states that he is entitled to interest for this delay in payment of arrears. The petitioners became entitled to interest on arrears on account of delay beyond the scheduled date of payment assured under the Memorandum dated July 21, 2000.

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 7662 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.)