Tarak Chandra Debnath v. State Of West Bengal And ORS.

29.06-2026 sdas WPA No.12960 of 2026 Tarak Chandra Debnath -vs- State of West Bengal & Ors.

Mr. Manas Kumar Ghosh Ms. Susmita Dey (Basu) Mr. Antarik Dawn ......for the petitioner Mr. Samrat Mukherjee, learned AGP Ms. Mary Datta ......for the State Mr. N. C. Bihani, Sr. Adv.

Mr. Soumyajit Ghosh ....... for the C.S.T.C.

1.

Affidavit of service filed in Court today is taken on record. 2.

The petitioner is a retired employee of Calcutta State Transport Corporation (CSTC). He retired from service on attaining his normal age of superannuation on 31st October, 2025. 3.

Allegation is that he received only 20% of his provident fund dues. He also alleges that his gratuity and leave salary was disbursed in his favour belatedly. The petitioner prays for interest on account of delayed payment of his terminal dues.

4.

Reliance has been placed on an order dated May, 12, 2026 passed by this Court in WPA No.. 8290 of 2026. 5.

As receiving the provident fund, gratuity and leave encashment would be the statutory dues of a retired employee; accordingly, the employer would be duty bound to disburse the same immediately on retirement of the employee or soon thereafter. There ought not to have been any delay in disbursing the terminal dues of a retired employee.

6.

In view of the above, the instant writ petition is disposed of by directing the Managing Director, CSTC to take steps to release the balance amount of provident fund dues to the petitioner. 7.

As the retired employee will receive the terminal dues after a considerable delay, accordingly, the amount shall be disbursed along with simple interest calculated at the rate of 6% per annum from the

next date of retirement till the date of actual payment within twelve weeks from the date of communication of this order. 8.

As the petitioner received the gratuity and leave encashment at a belated date, he shall be entitled to simple interest on the gratuity and leave encashment amount calculated at the rate of 6% per annum which should be paid on and from the next date of retirement till the date actual payment.

9.

The aforesaid amount shall be cleared within twelve weeks from the date of communication of this order. 10.

It is made clear that if the amount is not disbursed within the aforesaid time limit, then the petitioner would be entitled to receive 2% additional interest i.e. 6%+2% = 8% interest on the due amount calculated on and from the next date of retirement till the date of actual payment.

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.

Certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities. (Reetobroto Kumar Mitra, J.)