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Calcutta High CourtWPA/20820/2024disposed

Chandana Nag v. The State Of West Bengal And ORS.

2024-09-24Hon'Ble Justice Arindam Mukherjee2 pages

24.09.2024 Ct. 23 D/L 137 ab

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 20820 of 2024 Chandana Nag -VsThe State of West Bengal & Ors.

Mr. Srinjay Sengupta, Mr. Narattam Acharyya, ... for the petitioner Ms. Deblina Chattaraj, Ms. Priyanka Kundu ... for the WBTCL Mr. Sanatan Panja ... for the State Affidavit of service filed in Court today is taken on record.

The husband of 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 husband of the petitioner was paid his retiral benefits on 15th June, 2020. The husband of the petitioner died on 8th September, 2022.

The widow of the deceased employee being the petitioner herein is seeking interest on the delayed payment of her husband's retiral benefits.

Although the husband of the petitioner had received his retiral benefits on 15th June, 2020 and the widow of the deceased employee has filed the instant writ petition on 14th August, 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. 37,75,173/- from 1st February, 2020 till 14th 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. 37,75,173/- 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.)