Braj Kishore Roy v. State Of West Bengal And ORS.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE 25 19.05.2025 pa Ct. no.2 WPA 1529 OF 2025 ------------- Biraj Kishore Roy Vs.

The State of West Bengal & Ors.

Ms. Susmita Dey (Basu), Adv.

Mr. Manash Kr. Ghosh, Adv.

....For the Petitioner Mr. N.C. Bihani, Sr. Adv.

Mr. Soumyajit Ghosh, Adv.

....For the CSTC Mr. Pantu Deb Roy, Adv.

...For the State Ms. Susmita Dey (Basu), and Mr. Manash Kr.

Ghosh, learned advocates appear for the petitioner. Mr. N.C. Bihani, Learned Senior Advocate, Mr. Soumyajit Ghosh, learned advocate appear for the Calcutta State Transport Corporation.

Mr. Pantu Deb Roy, learned Advocate appears for the State.

The petitioner retired from services of Calcutta State Transport Corporation (in short, CSTC) on January 01, 2023. The retiral benefits of the petitioner was paid in tranches. The gratuity amount of Rs.8,20,038/- was paid on July 27, 2023. The petitioner was paid 75% of the provident fund to the tune of Rs.17,38,618/- on August 03, 2023. Petitioner claims interest on such delayed payments.

In the aforesaid facts and circumstances, after hearing the parties and considering the materials on record, I find that the petitioner is entitled to receive interest on the gratuity amount of Rs. 8,20,038/- from February 01, 2023 till July 27, 2023 and on Rs. 17,38,618/- paid on account of provident fund from February 01, 2023 till August 03, 2023 at the rate of 6% per annum. The payment of the principal as also the interest shall be made within a period of three months from the date of communication of a server copy of this order. The CSTC is directed to pay unpaid leave salary as well as arrear salary with interest from February 01, 2023 until the actual payment thereof @6% per annum, failing which the entire sum will attract interest @ 8% per annum.

Nothing further remains to be adjudicated in this writ petition. The same is accordingly disposed of. Since I have not called for any affidavits, the allegations contained in the writ petition are deemed to have not been admitted by the respondents.

All parties including the CSTC shall act on the basis of the server copy of this order without insisting upon production of a certified copy thereof.

(Aniruddha Roy, J.)