Hari Pada Das And ORS v. The State Of West Bengal And ORS

OD-11 ORDER SHEET

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction ORIGINAL SIDE WPO/465/2022 HARI PADA DAS AND ORS.

Versus

THE STATE OF WEST BENGAL & ORS.

BEFORE:

The Hon'ble JUSTICE ARINDAM MUKHERJEE Date : 9th February, 2022 [Via Video Conference] Mr. Debdutta Basu, Adv...for Petitioner.

Mr. Naba Kumar Das, Adv...for State.

Mr. Niladri Bhattacharjee, Ms. Deblina Chattaraj, Advs. for WBTC. The Court : Affidavit of service filed in court today is taken on record. The petitioners are 14 in number. Petitioner nos. 1 to 10 are retired employees and petitioner nos. 11 to 14 are existing employees of Calcutta Tramways Company (1978) Ltd. (in short "CTC") now known as West Bengal Transport corporation (in short "WBTC"). They have joined in the instant writ petition to ventilate their individual independent cause pertaining to identical issue against the same set of respondents. The petitioners claim interest on delayed payment of benefits under the Revision of Pay and Allowance Rules, 1998 (in short "ROPA 1998") which is applicable to them. The court fees paid is found to be sufficient.

The issue sought to be raised in the instant writ petition is squarely covered by a recent judgment and order of this Court dated 14th September, 2021 passed in WPA 7490 of 2021 (Vivekananda Halder & Ors. vs. The State of West Bengal & Ors.).

As such, this writ petition is disposed of with the similar directions as rendered in the above-mentioned writ petition, which are as follows :- The respondents shall pay interest from the date of accrual of the amounts claimed in respect of the petitioner till 2008 or till the date of actual payment of such arrears, whichever is earlier, less interest, if any, already paid, at the rate of 7% per annum to the petitioner within a period of six months from the date of communication of a server copy of this order without insisting upon production of a certified copy.

In default of payment of the aforesaid interest within a period of six months, the rate of interest shall increase to 8 %. There shall be no order as to costs.

Urgent photostat certified copy of this order, if applied for, be given to the parties, upon compliance of necessary formalities. (ARINDAM MUKHERJEE, J.) NM.