Smt Mitali Bhattacharjee v. Calcutta State Transport Corporation And ORS.

Court No. 2

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction Appellate Side W.P.A. 6531 of 2024 Smt. Mitali Bhattacharjee VS Calcutta State Transport Corporation & Ors.

Mr. Dilip Kumar Chatterjee Mr. Durga Bhusan Mukherjee Ms. Adrija Chatterjee .... For the petitioner Mr. Nayan Chand Bihani. Ld. Sr. advocate Mr. Soumyajit Ghosh .... For respondent nos. 1 to 3 Affidavit of service filed in court today is taken 19.5.2025 (Item No. 1) (AB) on record.

Mr. Dilip Kumar Chatterjee, learned advocate with Mr. Durga Bhusan Mukherjee, learned advocate appears for the petitioner.

Mr. Nayan Chand Bihani, learned senior advocate with Mr. Soumyajit Ghosh, learned advocate appears for respondent nos. 1 to 3/C.S.T.C.

The original writ petitioner Mr. Rajat Kumar Bhattacharjee, since deceased, who died on March 6, 2024 was an employee of the respondent no. 1. After the demise of the original writ petitioner by an order dated February 28, 2025 the deceased original writ petitioner has been substituted by his wife Smt. Mitali Bhattacharjee, the present writ petitioner.

The original writ petitioner who was the employee of C.S.T.C. had retired on January 31, 2023. The retiral benefits of the deceased employee was paid in a piecemeal manner from time to time.

The original writ petitioner was paid 25% of the Contributory Provident Fund (C.P.F.) to the tune of Rs.6,50,000/- on February 18, 2023. The balance 75% of C.P.F. to the extent of Rs.19,51,492/- belatedly paid to the original writ petitioner on August 7, 2023. In such situation, the petitioner claims interest on such delayed payment.

Accordingly, the respondents through its appropriate authority shall pay interest @ 6% per annum on the said sum of Rs.19,51,492/- since February 01, 2023 till August 7, 2023 positively within a period of four weeks from the date of communication of this order. In default, the interest shall be paid @ 8% per annum, if the same is not paid within the time stipulated herein.

Since affidavits are not called for, the allegations made in this writ petition are deemed not to have been admitted by the respondents.

On the above terms, this writ petition, WPA 6531 of 2024 stands disposed of, without any order as to costs.

Photostat certified copy of this order, if applied for, be furnished expeditiously.

(Aniruddha Roy, J.)