Tapan Kumar Bose v. Calcutta State Transport Corporation And ORS.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE 14 01.05.2025 pa Ct. no.2 WPA 12138 OF 2024 ------------- Tapan Kumar Bose Vs.

Calcutta State Transport Corporation & Ors.

Mr. Prabir Chatterjee, Adv.

Ms. Adrija Chatterjee, Adv.

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

Mr. Soumyajit Ghosh, Adv.

....For the Respondents Mr. Prabir Chatterjee, learned advocate appears with Ms. Adrija Chatterjee for the petitioner. Mr. N.C. Bihani, Learned Senior Advocate, Mr. Soumyajit Ghosh, learned advocate, learned advocate appear for the respondents.

The petitioner retired from services of Calcutta State Transport Corporation (in short, CSTC) on 31.01.2020. The retiral benefits of the petitioner was paid in tranches. The Contributory Provident Fund amount of Rs. 26,48,687/- was paid in two installments. 1st installment of Rs.10,59,000/- was paid on 28.02.2020 and 2nd installment of Rs.15,89,687/- was paid on 18.05.2020. The petitioner was paid 40% of the contributory provident fund to the tune of Rs.

15,89,687/- on 18.05.2020. 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 interest on the contributory provident fund of Rs. 26,48,687/- from 28.02.2020 till 18.05.2020 on the contributory provident fund of Rs. 15,89,687/- from 28.02.2020 till 18.05.2020 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 interest from 28.02.2020 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.)