Authority: High Court at Calcutta (Constitutional Writ Jurisdiction – Appellate Side)
Order Date: 08 September 2026
Case Overview
- Petitioner: Nirmal Kumar Pal
- Respondents: State of West Bengal and others, including West Bengal Transport Corporation (WBTC)
- Writ Petition: WPA 15677 of 2024 filed in the Calcutta High Court
- Background: The petitioner was an employee of Calcutta Tramways Company (1978) Limited, now known as West Bengal Transport Corporation Limited. He retired on 30 April 2016 and received his retiral benefits on 21 September 2016. He accepted the amounts without any protest or demur at the time of receipt.
- Claim: In 2024, nearly eight years after receiving the benefits, the petitioner approached the Court seeking interest on the retiral amounts for the period from receipt until the filing date.
- Legal Issue: Whether the claim for interest is maintainable given the limitation period applicable to monetary claims.
Court Findings & Reasoning
- The Court noted that the petitioner had accepted the retirement benefits without protest and did not approach any forum for interest within the statutory limitation period.
- The applicable limitation for a monetary claim is three years from the date of cause of action. The petition was filed after a lapse of seven years and eleven months, far exceeding the limitation period.
- The Court emphasized that a claim for interest cannot be entertained at such a belated stage when the amount has already been received without objection.
Final Outcome
- The writ petition is dismissed in its entirety.
- No order as to costs is made.
- An urgent photostat certified copy of the order may be provided to the parties on a priority basis if applied for.
Topics: Court Limitation, Retirement Benefits