Padma Sarkar v. State Of West Bengal And ORS.
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE 20 08.5.2025 Sc Ct. no.2 WPA 9816 OF 2025 ------------- Padma Sarkar Vs.
State of West Bengal & Ors.
Ms. Susmita Dey (Basu) ....For the Petitioner Mr. Md. Mokaram Hossain Ms. Tanuja Basak.
....For the respondents State Affidavit-of-service, filed in Court today, is taken on record.
Ms. Susmita Dey (Basu), learned advocate appears for the petitioner.
Mr. Mokaram Hossain, learned advocate with Ms. Tanuja Basak, learned advocate appears for the respondents State.
None appears for the rest of the respondents. The petitioner was an employee of the Calcutta State Transport Corporation (for short CSTC). The petitioner retired on February 28, 2019. The petitioner has not received her pension, rest of the retiral benefits have been received.
The petitioner submitted a representation dated December 2, 2024 at page 24 to the writ petition. The same was considered by the CSTC with the following observation :
"
Sub: Response of your prayer for Pension of CSTC, DCRB Regulations'90 In response of your prayer this is to state that you have claimed the pension quoting the order of the Hon'ble Calcutta High Court vide no.WPA/18718/2024 Judgment date 20.11.2024 in favour of Krishna Paul (exemployee of CSTC) In this context as per observation of the Sr. Law Officer, CSTC, you are requested to bring necessary order from the Hon'ble Court to process the pension in your favour."
The relevant communication is dated April 4, 2025, Annexure-P5 at page 23 to the writ petition. In view of the said observation it appears to this Court that, the claim of the petitioner stands unequivocally admitted by the CSTC. The only step left is to release the pension in favour of the petitioner. In view of the ratio of the decision In the matter of : Krishna Paul (ex-employee of CSTC) as referred to in the said communication dated April 4, 2025, the respondent no.5 shall release the arrear pension together with interest @6% per annum since March 1, 2019 until April 30, 2025.
In default, the rate of interest should be 9% per annum if the amount is not paid within the time stipulated hereunder.
The arrear shall be paid by the respondent no.5 along with interest positively within six weeks from the date of communication of this order failing which, the same shall attract the higher rate of interest as mentioned above.
The respondent no.5 then after compliance of all formalities shall pay the current pension for the month of May, 2025 within three weeks from the date of communication of this order and then for each successive month the pension shall be paid on or before 5th day of each calendar month.
It is needless to mention that all such payments shall be released upon compliance of all formalities and statutory requirements in accordance with law. The quantum of pension shall be paid as per the petitioner's eligibility in accordance with law. These directions are mandatory.
Since affidavits are not called for, the allegations made in the writ petition are deemed not to have been admitted by the respondents.
On the above terms, this writ petition, WPA 9816 of 2025 stands allowed, without any order as to costs. Photostat certified copy of this order, if applied for, be furnished expeditiously.
(Aniruddha Roy, J.)