Prabhat Kumar Mondal v. The State Of West Bengal And ORS.

Form No.J(2)

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE Present: The Hon'ble Justice Aniruddha Roy WPA 11068 OF 2025 ------------- Prabhat Kumar Mondal Vs.

The State of West Bengal & Ors.

For the Petitioner Ms. Susmita Dey (Basu), Adv.

For the CSTC Mr. N.C. Bihani, Sr. Adv.

Mr. Soumyajit Ghosh, Adv.

Heard on :

05.08.2025 Judgment on :

05.08.2025 Aniruddha Roy, J :

Affidavit of service filed in Court today, is taken on record. Ms. Susmita Dey (Basu) learned Advocate appears for the petitioner.

Mr. N.C. Bihani, learned Senior Advocate and Mr. Soumyajit Ghosh, learned Advocate appear for the Calcutta State Transport Corporation.

None appears for the State.

The petitioner retired from services of Calcutta State Transport Corporation (in short, CSTC) on January 31, 2025. The retiral benefits of the petitioner was paid in tranches. The gratuity amount of Rs. 11,98,842/- was paid on April 28, 2025. The petitioner was paid 20% of the provident

fund to the tune of Rs.6,35,000/- on February 28, 2025.

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 leave salary with interest and also on the gratuity amount of Rs.11,98,842/- from February 01, 2025 till April 28, 2025 and Rs. 6,35,000/- paid on account of provident fund from February 01, 2025 till February 28, 2025 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 and leave salary with interest from February 01, 2025 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.) D. Das, P.A.