Indrabati Debi Sonar v. State Of West Bengal And ORS.

16.07.2024 Ct. 23 D/L 117 ab

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 16584 of 2024 Indrabati Debi Sonar -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. Priyanka Kundu ... for the WBTCL Mr. Swapan Kumar Chatterjee ... for the State Affidavit of service filed in Court today is taken on record.

The petitioner is a widow of an employee of Calcutta Tramways Company (1978) Ltd.(in short, CTC) now known as West Bengal Transport Corporation Ltd. (in short, WBTC), who died in harness on 16th May, 2020. The petitioner was paid her husband's retiral benefits on 11th January, 2021. The petitioner is seeking interest on the delayed payment of her husband's retiral benefits.

Although the petitioner had received her husband's retiral benefits on 11th January, 2021 and

has filed the instant writ petition on 27th June, 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. 37,73,194/- from 17th May, 2020 till 10th January, 2021 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. 37,73,194/- shall attract interest @ 8% per annum.

Nothing further remains to be adjudication 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.)