Samar Kumar Paul v. State Of West Bengal And ORS.

05.07.23 179 Ct. No.25 Sws.M WPA 12413 of 2023 Samar Kumar Paul Vs.

State of West Bengal & Ors.

Mr. Manas Kumar Ghosh Ms. Susmita Dey (Basu) ....for the petitioner Mr. N.C. Bihani Ms. P.B. Bihani Mr. Soumya Mukherjee ...for the CSTC Written instructions filed in Court today is retained with the records.

The petitioner retired as Chief Cashier from Calcutta State Transport Corporation (CSTC) with effect from October 31, 2022. The grievance of the petitioner is that the petitioner only received 40% of the provident fund dues on November 14, 2022. Remaining 60% of the provident fund dues are yet to be paid.

The petitioner received a sum of Rs.12,68,000/- on November 14, 2022, being 40% of the provident fund dues, within one month from the date of his retirement. The remaining Rs. 19,02,448/- is yet to be disbursed by the employer/CSTC. The said amount is not in dispute.

Mr. Ghosh, learned counsel represents the petitioner.

Mr. Bihani, learned counsel appears on behalf of the CSTC.

Considering the submissions of the parties and the materials placed on record, this Court is of the view that the employer/Secretary of the respondent No. 6 was under an obligation to release the provident fund dues within one month from the date of superannuation of ex-employee. This Court directs the release of the provident fund dues to the tune of Rs.19,02,448/- within 3(three) months from date along with interest @ 6% per annum payable from November 1, 2022 ( the date subsequent to the date of retirement) till such time the entire dues are disbursed to the petitioner.

With the direction aforesaid WPA 12413 of 2023 is disposed of.

Since affidavits have not been invited in the present writ petition, the allegations made in the writ petition are deemed not to have been admitted by the parties.

All parties are to act on a server copy of this order downloaded from the official website of this Hon'ble Court.

Urgent certified website copies of this order, if applied for, be made available to the parties subject to compliance with all requisite formalities.

(Lapita Banerji, J)