Prabir Kumar Dutta v. State Of West Bengal And ORS.

17.09.2024 IN THE HIGH COURT AT CALCUTTA Sl. No.35 CONSTITUTIONAL WRIT JURISDICTION Srimanta APPELLATE SIDE WPA 10707 of 2024 Pabir Kumar Dutta Vs.

The State of West Bengal & Ors.

Mr. Manas Kumar Ghosh, Ms. Susmita Dey (Basu) ....for the petitioner.

Mr. N.C. Bihani, Mr. Soumyajit Ghosh, Mr. Soumya Mukherjee ....for the C.S.T.C.

Mrs. Rituparna Moitra ...for the State.

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

The petitioner retired from services of Calcutta State Transport Corporation (in short, CSTC) on 31.03.2023. The retiral benefits of the petitioner was paid in tranches. The leave salary was paid in time. The gratuity amount of Rs. 9,18,653/- was paid on 24.08.2023. The petitioner was paid 25% of the provident fund amount to the tune of Rs.4,95,000/- on 28.04.2023 which is in time. Petitioner claims interest on the delayed payment of the gratuity amount and the unpaid principal sum on account of provident fund with interest.

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. 9,18,653/- from 01.04.2023 till 24.08.2023 at the rate of 6% per annum. The CSTC is also directed to pay 75% of the unpaid provident fund amount with interest from 01.04.2023 until the actual payment thereof @ 6% per annum, failing which the entire sum will attract interest @ 8% 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 failing which the interest rate will increase to 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.

(Arindam Mukherjee, J.)