Rita Das v. State Of West Bengal And ORS.

23.08.2023 Court No.25 Item No.57 SD WPA 20228 of 2023 Rita Das Vs.

The State of West Bengal and Ors.

Mr. Srinjay Sengupta Mr. Saurav Roy Mr. Narattam Acharya Mr. Ankush Ghosh ... For the Petitioner.

Ms. Deblina Chattaraj Ms. Angana Dutta ... For the respondent WBTCL.

Ms. Tanuja Basak ...for the State Affidavit of service filed by the petitioner is taken on record.

The husband of the writ petitioner was an employee of the West Bengal Transport Corporation Limited (in short "WBTCL") previously known as the Calcutta Tramways Company (1978) Limited. The husband of the writ petitioner joined his service on October 18, 1982. The husband of the writ petitioner passed away on October 19, 2020 while he was still in service.

The writ petitioner prays for disbursement of interest on the arrears of pay payable since April 1, 1997 to March 31, 2000. The writ petitioner prays for calculation of interest from April 1, 2000.

The writ petitioner claims interest on delayed payments for benefits under the Revision of Pay and Allowance Rules, 1998 (in short, 'ROPA').

The petitioner also prays for the benefits under the Office Memoranda dated June 23, 2000 and July 21, 2000. The petitioner was required to be paid the arrears by five annual instalments from November 1, 2002. The petitioner was paid the said arrears by 2008. Mr. Sengupta, learned counsel appearing on behalf of the petitioner states that she is entitled to interest for this delay in payment of arrears. The petitioner's husband became entitled to interest on arrears on account of delay beyond the scheduled date of payment assured under the Memorandum dated July 21, 2000.

The respondent shall pay interest from the scheduled date of payment of the annual instalments by which the arrears were promised to be paid under the Memorandum dated July 21, 2000 till the date on which they were finally paid in 2008.

Interest to be paid @ 7% per annum within a period of three months from the date of communication of this order without insisting of production of certified copy thereof.

In default of the payment of the aforesaid interest within a period of three months from date, the rate of interest shall be increased to @ 8% per annum.

Since no affidavits have been invited in the writ petition, the allegations in the writ petition be deemed not to have been admitted by the parties.

The writ petition, WPA 20228 of 2023 is disposed of. There will be no order as to costs.

All parties to act on the server copies of this order duly downloaded from the official website of this Hon'ble Court.

(Lapita Banerji, J.)