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Calcutta High CourtWPA/1146/2023disposed

Manoranjan Mandal v. State Of West Bengal And ORS.

2023-02-07Hon'Ble Justice Lapita Banerji3 pages

7.2.2023 S.D.

W.P.A. 1146 of 2023 Manoranjan Mandal Vs.

The State of West Bengal & Ors.

Ms. Susmita Dey (Basu) ...For the petitioner Mr. Amal Kumar Sen, A.G.P., Mr. Sabyasachi Mondal ...For the CSTC Ms. Debarati Sen (Bose) ...For the State The petitioner is a retired employee of Calcutta State Transport Corporation (CSTC). The petitioner retired from service on January 31, 2022. The petitioner prays for interest on provident fund dues which have been paid in two instalments. An amount of Rs.10,72,000/- was paid on February 25, 2022 within one month of his superannuation. Therefore, no claim for interest is maintainable on the same. An amount of Rs.16,08,122/- was disbursed on July 27, 2022 on account of his provident fund dues. The petitioner will be entitled to interest @ 6% p.a. from February 1, 2022 (the date succeeding the date of retirement) till July 27, 2022 (the date on which the actual payment was made).

The petitioner was disbursed his benefits to the tune of Rs.2,87,898/- on March 16, 2022. The petitioner will be entitled to interest on the aforesaid sum from February 1, 2022 (being the date succeeding the date of retirement) till March 16, 2022 (the date on which the actual benefits were granted).

The petitioner was granted the gratuity dues to the tune of Rs.9,04,033/- on April 7, 2022. The petitioner will be entitled to interest @ 6% p.a. from February 1, 2022 till the actual date of payment on April 7, 2022.

There is no dispute with the quantum of the retiral benefits disbursed and the dates of disbursement. Such payment on account of interest will be disbursed by the authorities concerned within four months from the date of the order.

With the directions aforesaid, W.P.A. 1146 of 2023 is disposed of.

Since no affidavits have been directed to be exchanged in the present writ petition, all the allegations contained in the writ petition are deemed not to have been admitted by the parties.

All parties shall act on the server copy of this order duly downloaded from the website of this Court.

Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance of all the formalities.

(Lapita Banerji, J.)