Syed Majibur Rahman v. State Of West Bengal And ORS.

M/L 217 13.05.2026 Court No.18 SD

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION WPA 8984 of 2026 Syed Majibur Rahman Vs.

The State of West Bengal & Ors.

Ms. Susmita Dey (Basu) Mr. Kaustav Ghosh Mr. Antarik Dawn ... for the Petitioner.

Mr. N.C. Bihani, Sr. Adv.

Mr. Soumyajit Ghosh ... for the CSTC.

1.

Affidavit of service filed in Court today be kept with the records.

2.

The petitioner was serving as a Junior Traffic Supervisor in the Calcutta State Transport Corporation. He retired from service on November 30, 2025.

3.

The grievance of the petitioner is that 20% of the provident fund amount was disbursed in his favour only belatedly. The petitioner claims balance 80% provident fund along with interest on delayed payment of the provident fund amount.

4.

I have heard learned counsel for the parties and considered the orders passed by this Court in similar facts.

5.

It is settled law that the right of a retired employee to get his/her retiral dues on the date of attaining superannuation is a valuable right which accrues in his/her favour on the date of his attaining superannuation. Such dues are no more considered to be a bounty to be handed out by the State at its whim. An employee has a statutory right to receive the terminal dues upon retirement. If such payment is delayed, the retired employee is surely entitled to get some interest for such delayed payment.

6.

In the present case, it was the bounden duty of the authority to disburse the terminal dues on the due

date. As it has failed to do so and has released such amount after unexplained delay, it is obliged to pay interest to the retired employee. This is compensatory in nature.

7.

In view of the aforesaid, I direct the Managing Director, Calcutta State Transport Corporation being the respondent no. 5 herein to disburse the balance provident fund amount to the writ petitioner along with interest at the rate of 6% per annum on the provident fund amount calculated on and from the next date of retirement till the date of actual payment, provided the delay caused was not attributable to the petitioner.

8.

Such payment is to be made within twelve weeks from the date of communication of this order. 9.

In the event the interest is not paid within the time limit stipulated hereinabove, then the petitioner would be entitled to additional interest of 2%, that is, 8% (6+2) from the next date of retirement till the date of actual payment.

10.

The writ petition stands disposed of.

11.

Parties to act on the basis of the server copy of this order duly downloaded from the official website of this Court.

12.

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

(Amrita Sinha, J.)