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Calcutta High CourtWPO/1512/2022dismissed

Taimun Nisha v. The State Of West Bengal And ORS

2022-04-13Hon'Ble Justice Arindam Mukherjee2 pages

ORDER SHEET WPO 1512 of 2022

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction ORIGINAL SIDE TAIMUN NISHA VS.

THE STATE OF WEST BENGAL & ORS.

BEFORE:

The Hon'ble JUSTICE ARINDAM MUKHERJEE Date: 13th April, 2022 Mr. Debdutta Basu, Advocate for the petitioner. Ms. Deblina Chattaraj, Advocate for WBTC Ltd. Mr. Subhabrata Datta, Mr. Debashis Sarkar, Mr. P. Sinha, Advocates for the State. The Court : The petitioner is the wife of a former employee of Calcutta Tramways Company (1978) Ltd. (in short 'CTC') now known as West Bengal Transport Corporation (in short 'WBTC'). The petitioner's husband retired from the services of CTC on 31st January, 2015 and died on 27th February, 2021. The petitioner's husband neither upon his retirement nor during his lifetime did claim any interest for delayed payment of benefits under the Revision of Pay and Allowance Rules, 1998 (in short 'ROPA 1998'). The petitioner has approached this Court by filing the instant writ petition on 11th March, 2022. Applying the ratio laid down in (2008) 8 SCC 648 (Union of India & Ors. Vs. Tarsem Singh) and (2016) 13 SCC 797 (Asger Ibrahim Amin Vs. Life Insurance Corporation of India) I find that this writ petition cannot be entertained for the reliefs

claimed. It is required to be dismissed for inordinate delay and laches on the part of the petitioner.

The writ petition is, therefore, dismissed without any order as to costs.

(ARINDAM MUKHERJEE, J.) pa