Sisir Kumar Ghosh v. State Of West Bengal And ORS.

M/L 38 08.06.2026 Court No.18 SD

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION WPA 11353 of 2026 Sisir Kumar Ghosh Vs.

The State of West Bengal & Ors.

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

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

Mr. Soumyajit Ghosh ... for the CSTC.

1.

Affidavit of service filed in Court today is taken on record.

2.

The petitioner is a retired employee of the Calcutta State Transport Corporation (CSTC). He retired from service on attaining the normal age of superannuation on 31st December, 2025.

3.

It is submitted on behalf of the petitioner that petitioner was under provident fund scheme and after retirement 10 per cent of provident fund due was paid to the petitioner belatedly. Likewise, gratuity and leave encashment were also paid to the petitioner not on the date of retirement, but subsequently.

4.

Petitioner prays for payment of 90% unpaid provident fund dues along with interest and also interest on belated payment of gratuity and leave encashment.

5.

The dues claimed by the petitioner are all statutory dues and required to be paid immediately on retirement of the employee or soon thereafter. The

petitioner retired from service on 31st December, 2025 but his dues have not been paid till date.

6.

In view of the above, the instant writ petition stands disposed of by directing the Managing Director, Calcutta State Transport Corporation, to take steps for releasing provident fund dues of the petitioner in full along with interest at the earliest but positively within a period of twelve weeks from the date of communication of this order.

7.

As the petitioner will be receiving his terminal dues after some delay, accordingly, the amount due to him shall be accompanied with simple interest at the rate of six percent per annum calculated on and from the next date of retirement till the date of actual payment.

8.

Interest at the above rate shall also be paid to the petitioner on account of delayed payment of his gratuity and leave encashment.

9.

If the due amount of the petitioner is not disbursed within the time limit stipulated hereinabove, then additional two percent simple interest, i.e., 6+2=8 percent interest shall be payable to the petitioner. 10.

There is no proof of service upon the respondent no.6. Let a copy of the writ petition along with a copy of this order be served upon the respondent no.6 for compliance.

11.

The writ petition stands disposed of.

12.

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

13.

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

(Amrita Sinha, J.)