Kajal Kumar Chakraborty v. State Of West Bengal And ORS.

09.07.2024 Ct. 23 D/L 115 ab

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 13358 of 2024 Kajal Kumar Chakraborty -VsThe State of West Bengal & Ors.

Mr. Srinjay Sengupta, Mr. Sourav Roy, Mr. Narattam Acharyya, Mr. Ankush Ghosh ... for the petitioner Mr. Niladri Bhattacharjee, Ms. Angana Dutta ... for the WBTCL Affidavit of service filed in Court today is taken on record.

The petitioner retired from services of Calcutta Tramways Company (1978) Ltd.(in short, CTC) now known as West Bengal Transport Corporation Ltd. (in short, WBTC) on 31st January, 2020. The petitioner was paid his retiral benefits on 16th June, 2020. The petitioner is seeking interest on the delayed payment of his retiral benefits.

Although the petitioner had received his retiral benefits on 16th June, 2020 and has filed the instant writ petition on 7th May, 2024, but considering the benefit of limitation given between the period from 15th

March, 2020 and 28th February, 2022 on account of pandemic, the delay in approaching the Court for service related claim in the instant case is ignored and the WBTC is directed to pay interest on the retiral benefits of Rs. 36,47,824/- from 1st February, 2020 till 15th June, 2020 at the rate of 6% per annum within a period of three months from the date of communication of a server copy of this order failing which the principal sum of Rs. 36,47,824/- shall attract interest @ 8% per annum.

Nothing further remains to be adjudicated in this writ petition. The same is accordingly disposed of. Since I have not called for any affidavits, the allegations contained in the writ petition are deemed to have not been admitted by the respondents.

All parties including the WBTC shall act on the basis of the server copy of this order without insisting upon production of a certified copy thereof.

(Arindam Mukherjee, J.)