Authority: High Court at Calcutta, Constitutional Writ Jurisdiction, Appellate Side
Order Date: 08 September 2026
Case Overview
- Parties: petitioner Asoke Kumar Das vs. The State of West Bengal and others, including West Bengal Transport Corporation Ltd (WBTC).
- Background: The petitioner was employed by Calcutta Tramways Company (1978) Ltd, now WBTC. He retired on 30 November 2018 and received his retiral benefits on 14 February 2019, which he accepted without any protest or demur.
- Claim: In 2024, more than five years after receipt of benefits, the petitioner filed WPA‑15689 of 2024 seeking interest on the retirement amounts, alleging that interest should accrue from the date of payment.
- Legal Issue: Whether a claim for interest on a payment already received, filed after a lapse of five years and four months, is maintainable under the limitation period for monetary claims.
- Court’s Reasoning: The Court observed that the petitioner had no objection to the amount received at the time of payment and that the statutory limitation for a monetary claim is three years. Since the petition was filed well beyond this period, the claim is barred.
Final Outcome
- The writ petition is dismissed in its entirety.
- No order as to costs is made.
- The Court directs that an urgent photostat certified copy of the order be provided to the parties on a priority basis.
Topics: Legal; Employment Benefits; Interest Claims