Joydeb Das v. State Of West Bengal And ORS.

11.10.23 137 Ct. No.25 Sws.M WPA 22392 of 2023 Joydeb Das vs.

State of West Bengal & Ors.

Ms. Ankita Ghosh Mr. Ankan Mondal ...for the petitioner Ms. Deblina Chattaraj Ms. Angana Dutta ...for the respondents-Corporation Mr. Satyajit Mahata ...for the State In the present writ petition the petitioner pray for interest for delayed disbursement of the provident fund dues and also interest on account of the delayed disbursal of benefits due and payable to him under Revision of Pay and Allowances - 1998.

The writ petitioner was an employee of the West Bengal Transport Corporation Limited (in short 'the WBTCL') previously known as the Calcutta Tramways Company (1978) Limited. The petitioner retired from service in March 31, 2014.

The writ petitioner prays for disbursement of interest on the arrears of pay since April 01, 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 said arrears by five annual installments from November 1, 2002. The petitioner was paid the said arrears by 2008.

Ms. Ghosh, learned counsel appearing on behalf of the petitioner states that the petitioner is entitled to interest for this delay in payment of arrears. The petitioner became entitled to interest on arrears on account of delay beyond the scheduled date of payment assured under the Memorandum dated June 23, 2000 and July 21, 2000. The petitioner is entitled to claim such interest. The petitioner will be eligible for interest on the delayed payment of GPF dues from April 1, 2014 (date subsequent to the date of his retirement) till June 6, 2014 (the date when the dues were actually disbursed to the petitioner) @ 6% per annum.

The petitioner is entitled to claim such interest. A beneficial reference may be made to an order/judgment passed by the Hon'ble Division Bench in F.M.A. 3942 of 2016 (Amarnath Tiwari & Ors. vs. State of West Bengal & Ors.). This Court is of the view that the laws of limitation are not

applicable in exercise of jurisdiction under Article 226 of the Constitution of India relying on a judgment passed by the Apex Court reported in 2022 Live Law (SC) 785 (State of Rajasthan & Ors. Vs. O.P. Gupta). It has also been held in the said decision that the Court cannot be oblivious to the difficulties of a retired employee in approaching the Court, which could include financial constraints. The respondent shall pay interest from the scheduled date of payment of the annual installments 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.

The writ petition, WPA 22392 of 2023 stands disposed of.

Since no affidavits have been called for in the writ petition, the allegations contained therein be deemed not to have been admitted by the respondents.

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

Urgent certified website copies of this order, if applied for, be made available to the parties subject to compliance with all requisite formalities. (Lapita Banerji, J)