Authority: High Court at Calcutta (Constitutional Writ Jurisdiction – Appellate Side)
Order Date: 08 September 2026
Case Overview
- Petitioner: Pankaj Chakraborty, represented by Mr. Parvej Anam.
- Respondents: The State of West Bengal and others, represented by Mr. Mukunda Lal Sarkar and counsel for the West Bengal Transport Corporation (Ms. Deblina Chattaraj, Ms. Poulami Chattopadhyay).
- Petition Number: WPA 15688 of 2024.
- Background: The petitioner was an employee of Calcutta Tramways Company (1978) Limited, presently known as West Bengal Transport Corporation Limited. He retired on 30 April 2018 and received his retiral benefits on 7 July 2018. He accepted the amounts without any protest or demur and did not claim interest at the time.
- Claim: In 2024, nearly five years and ten months after receipt of the benefits, the petitioner approached this Court seeking interest on the retiral amounts for the period from receipt until the filing date.
- Legal Issue: Whether a claim for interest on a monetary benefit can be entertained after the statutory limitation period for monetary claims, which is three years.
Court Findings and Reasoning
- The Court noted that the petitioner had accepted the retiral benefits without protest and had not approached any forum for interest within the applicable limitation period.
- The Court emphasized that a monetary claim must be filed within three years from the date of cause of action; the petitioner’s claim, filed after more than five years, is therefore time‑barred.
- The Court held that allowing the claim at such a belated stage would be contrary to the principle of limitation and would defeat the purpose of timely dispute resolution.
Final Outcome
- The writ petition is dismissed in its entirety.
- No order as to costs is made.
- An urgent photostat certified copy of this order may be provided to the parties on a priority basis if applied for.
Topics: Interest Claim, Limitation Period, Court Dismissal