Calcutta High CourtWPA/6105/2025disposed

Mrityunjoy Paul v. The State Of West Bengal And ORS.

2025-04-16Hon'Ble Justice Aniruddha Roy2 pages

16.04.2025

IN THE HIGH COURT AT CALCUTTA

Ct. No. 2 Constitutional Writ Jurisdiction M/L. Sl. No. 79 Appellate Side Moumita WPA 6105 of 2025 Mrityunjoy Paul Vs The State of West Bengal & Ors.

Ms. Susmita Dey (Basu) ...for the Petitioner Ms. Susmita Dey (Basu), learned advocate appears for the petitioner.

None appears for the respondents, despite notice. The petitioner retired from services of Calcutta State Transport Corporation (in short, CSTC) on 30.06.2024. The retiral benefits of the petitioner was paid in tranches. The leave salary aggregating to Rs.6,32,964/- was paid on 25.09.2024. The gratuity amount of Rs.20,00,000/- was paid on 26.09.2024. The petitioner was paid 20% of the provident fund to the tune of Rs.11,35,000/- on 17.08.2024. 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 leave salary of Rs.6,32,964/- from 01.07.2024 till 25.09.2024, on the gratuity amount of Rs.20,00,000/- from 01.07.2024 till 26.09.2024 and

on Rs.11,35,000/- paid on account of provident fund from 01.07.2024 till 17.08.2024 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 80% of the unpaid provident fund amount with interest from 01.07.2024 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.)