Fatik Chandra Daira v. Durgapur Projects Limited And ORS.

02.12.2025 Ct. No.2 Sl. No.18 akd W. P. A. 26695 of 2025 [Fatick Chandra Daira -Vs- The Durgapur Projects Limited & Ors.] Mr. Siddhartha Sarkar Mr. Sourav Gupta ... ... for the petitioner Mr. Sujit Sankar Koley ... ... for the DPL 1.

Affidavit-of-service filed in court today is taken on record. 2.

Petitioner was an employee of Durgapur Projects Limited who retired on superannuation on 29.02.2020.

After superannuation of the petitioner within time, retiral dues were not released in his favour which prompted the petitioner to file a writ petition being WPA 560 of 2023, which was disposed of by a coordinate Bench vide order dated 17.01.2023. 3.

By order dated 17.01.2023, respondent authorities were directed to release 6% interest on retiral dues within stipulated time.

4.

It is submitted by the learned advocate representing the petitioner that in terms of the order dated 17.01.2023, interest was paid to the petitioner but revised retiral dues in terms of the Durgapur Projects Limited (Revision of Pay and Allowances) Rules, 2020 (hereinafter referred to as 'ROPA Rules, 2020') which was implemented vide notification dated 30.10.2020 was not paid.

5.

Revised benefits were paid by issuing subsequent order dated 24.03.2025 and petitioner has approached this Court with the present writ petition claiming interest on revised benefits

which was payable to the petitioner in terms of ROPA Rules, 2020 as per provisions of the said Rules.

6.

It is submitted by the learned advocate representing Durgapur Projects Limited that as per Rule 3, revised benefits are allowed in terms of ROPA Rules, 2020 on and from 01.01.2016 but said ROPA Rules, 2020 was notified vide notification dated 30.10.2020.

7.

Placing reliance on Rule 30 it is also submitted that petitioner is not entitled to claim interest on revised leave encashment benefits as such benefits were allowed with effect from 01.04.2020 whereas petitioner retired on 29.02.2020. In addition thereto, on behalf of the respondents, reliance is also placed on Rule 15 of the ROPA Rules, 2020.

8.

Considering the provisions as contained in ROPA Rules, 2020 it appears that in terms of Rule 3, revised benefits were allowed from 01.01.2016 but revision was notified pursuant to notification dated 30.10.2020. Therefore, petitioner was entitled to get revised benefits under ROPA Rules, 2020 on and from 31.10.2020 not before that.

9.

Petitioner retired on superannuation on 29.02.2020. Therefore, petitioner is entitled to receive interest due to delayed payment of revised benefits as per ROPA Rules, 2020 on and from 31.10.2020 not prior to that.

10.

Accordingly, concerned authority of Durgapur Projects Limited is directed to pay interest at the rate of 6% per annum on revised benefits which was paid to the petitioner as per ROPA Rules, 2020 from 31.10.2020 till date of payment by eight weeks from the date of communication of this order.

11.

It is clarified that since petitioner was not entitled to receive revised leave encashment benefits in terms of Rule 30 as such benefits were allowed from 01.04.2020 whereas petitioner retired on superannuation on 29.02.2020, no further interest is payable on leave encashment benefits.

12.

The writ petition stands disposed of.

13.

There shall be no order as to costs.

14.

Let urgent Photostat certified copy of this order, if applied for, be given to the learned Advocates for the parties on usual undertaking.

(Saugata Bhattacharyya, J.)