Calcutta High Court (Appellete Side)
Mr. Rajeshwar Prasad Singh vs The State Of West Bengal & Ors on 18 November, 2019
1
Item No. 27
In The High Court At Calcutta
Constitutional Writ Jurisdiction
18.11.19
WP No. 20856 (W) of 2019
Mr. Rajeshwar Prasad Singh
v.
The State of West Bengal & Ors.
Mr. Srinjay Sengupta
Mr. Sourav Roy
... for the petitioner.
Ms. Mita Biswas
... for the State.
Mr. Niladri Bhattacharjee
Ms. Deblina Chattoraj
... for the West Bengal Transport
Corporation.
Affidavit-of-service filed in Court today be taken on record.
The petitioner is an employee of the Transport Department, Government of West Bengal.
The Deputy Secretary, Transport Department, Government of West Bengal vide a memo
being No.6887(2)-WT/8B-9/2000 dated 23rd June, 2000 revised the pay and allowances of the
employees of the Calcutta Tramways Company (1978) Limited and West Bengal Surface
Transport Corporation Limited.
By virtue of the said revision, the actual payment of the employee on the basis of fixation
in the revised scales of pay was effective from 1st April, 2000. The arrears for the period from 1st
April, 1997 to 31st March, 2000 was to be paid in five annual instalments, the first instalment
being payable not before 1st November, 2002. The arrear was to be paid along with interest to be
calculated from 1st April, 2000 at the same rate as admissible in respect of accumulation in the
General Provident Fund Account.
2
It is the specific case of the petitioner that he has received the arrears but the interest has
not been paid till date. The memorandum specifically mentions about the payment of arrears
along with interest.
The respondent Calcutta Tramways Company (1978) Limited presently known as the West
Bengal Transport Corporation submits that the Company is in shortage of fund and require the financial assistance of the State Government for clearing the dues of the employee.
The learned advocate representing the State respondents opposes the application and submits that the petitioner has come up with a stale claim. The claim of the petitioner arose in the year 2000. It is too late in the day to make a prayer for payment of interest on account of the delayed payment. The claim is absolutely time barred.
The provision according to which the petitioner prays for interest as reflected in paragraph 2(viii) of the Memo No. 6887(2)-WT/8B-9/2000 dated June 23, 2000 issued by the Deputy Secretary, Government of West Bengal, Transport Department reads as follows:-
" 2(viii). Actual payment on the basis of fixation in the revised scales of pay will, however, be made with effect from 1.4.2000. The arrears for the period from 1.4.97 to 31.3.2000 will be paid in 5 annual instalments, the first instalment being payable not before 1.11.2002, along with interest to be calculated from 1.4.2000 at the same rate as admissible in respect of accumulation in the General Provident Fund Account."
The petitioner submits that though as per the provision the respondents were supposed to clear the arrears within 5 annual instalments the same was cleared by way of more instalments than 5. The payment was made at a very staggered rate.
The submission made by the State respondents that the claim is time barred does not appeal to the Court. As the Government continued with the payment for a considerably long period of time than was mentioned in the memorandum and as the Government memorandum speaks of payment of arrears along with interest, the respondents are bound to act in accordance with the said memorandum. There would have been no occasion on the part of the employee to approach the court for relief had the payment been made in accordance with the aforesaid memorandum.
The government itself took the decision to pay interest as the benefit of pay fixation was extended to the employees at a delayed date. The benefit of pay fixation includes arrears along 3 with interest. In such a situation it is not open for the State to clear a part of the dues and hold back the rest. The same is contrary to the Government memorandum.
In view of the above, the instant writ petition is disposed of by directing the respondent No. 4 being the Managing Director of the West Bengal Transport Corporation to take steps for payment of the dues on account of interest on the arrears in accordance with the aforesaid memorandum dated 23rd June, 2000 within a period of six months from the date of communication of a copy of this order.
The interest shall be payable at the rate as mentioned in the aforesaid memorandum from the date of its accrual till the date of actual payment.
The State respondents are directed to provide the necessary financial assistance to the Company as required for clearing the financial dues of the petitioner.
W.P. 20856 (W) of 2019 is disposed of accordingly.
Urgent photostat certified copy of this order, if applied for, shall be given to the parties as expeditiously as possible on compliance of all necessary formalities.
sh ( Amrita Sinha, J.)