Susmita Biswas v. State Of West Bengal And ORS.

08.03.2022 sb Ct 23

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 20419 of 2021 Susmita Biswas Vs.

State of West Bengal & Ors.

Mr. Srinjoy Sengupta, Mr. Sourav Roy, Mr. Narattam Acharyya, Mr. Ankush Ghosh .... For the petitioner.

Ms. Deblina Chattaraj ... For WBTC.

The report in the form of an affidavit filed by the respondent nos. 2, 3, 4 and 5 is taken on record. A copy of the report has already been served upon the petitioner.

On a perusal of the report, it appears that the Calcutta Tramways Company (1978) Ltd., (in short, CTC) now known as West Bengal Transport Corporation Ltd. (in short WBTC) has admitted that the second Career Advancement Scheme (in short, CAS) fell due in respect of the petitioner on 1st July, 2016. The petitioner is ready and willing to accept such version of WBTC.

In the aforesaid facts and circumstances, WBTC is directed to pay the arrears of second CAS to the petitioner by 13th April, 2022, with accrued interest thereon from the date it fell due i.e. 1st July, 2016 till

the date of actual payment at the rate of 6 per cent per annum. It is made clear that the respondent no.1, being the Department of Transport, Government of West Bengal, who has a pervasive control over the financial matters of WBTC shall provide necessary fund support on being requisitioned by WBTC for paying the petitioner his arrears of second CAS as directed hereinabove.

Nothing further remains to be adjudicated in this writ petition. The same is disposed of accordingly without any order as to costs.

Since I have not called for any affidavits, allegations made in the writ petition are deemed to have not been admitted by the respondents.

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

(Arindam Mukherjee, J.)