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Calcutta High CourtWPA/17753/2021disposed

Amar Nath Mukherjee And ORS v. State Of West Bengal And ORS.

2021-11-30Hon'Ble Justice Arindam Mukherjee2 pages

30.11.2021 Ct. No.23 pg.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 17753 of 2021 Amar Nath Mukherjee & Ors.

Vs.

The State of West Bengal & Ors.

Mr. Golam Mohammad ... For the petitioner Mr. Jahar Lal De Ms. Smita Das Dey ... For the State Mr. Niladri Bhattacharjee Mr. Aditya Chaturvedi ... For the WBTC Affidavit of service filed in Court today is taken on record.

The petitioners no.1 to 9 are retired employees and petitioners no.10 to 16 are in service employees of Calcutta Tramways Company (1978) Ltd. (in short "CTC") now known as West Bengal Transport Corporation (in short "WBTC"). They have joined in the instant writ petition to ventilate their individual independent cause pertaining to identical issue against the same set of respondents. The petitioners claim interest on delayed payment of benefits under the Revision of Pay and Allowance Rules, 1998 (in short "ROPA 1998") which is applicable to them. The court fees paid is found to be sufficient. The issue sought to be raised in the instant writ petition is squarely covered by a recent judgment and order of this Court dated 14th September, 2021 passed in WPA 7490 of 2021 (Vivekananda Halder & Ors. v. The State of West Bengal & Ors.).

As such, this writ petition is disposed of with the similar directions as rendered in the above-mentioned writ petition, which are as follows:- The respondents shall pay interest from the date of accrual of the amounts claimed in respect of the petitioners till actual payment of such arrears, less interest, if any, already paid, at the rate of 7% per annum to the petitioners within a period of six months from the date of communication of a server copy of this order without insisting upon production of a certified copy. In default of payment of the aforesaid interest within a period of six months, the rate of interest shall increase to 8 per cent.

There shall be no order as to costs.

Urgent photostat certified copy of this order, if applied for, be given to the parties, upon compliance of necessary formalities.

(Arindam Mukherjee, J.)