Swapan Kumar Dey v. State Of West Bengal And ORS.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE 30.06.2025 Ct. no.2 Daily List Sl. 31 Moumita W.P.A. 12894 of 2025 Swapan Kumar Dey Vs.

The State of West Bengal & Ors.

Mr. Himadri Sekhar Chakraborty, Adv.

Ms. Priyanka Chandra, Adv.

.... For the Petitioner Mr. Nayan Chand Behani, Sr. Adv.

Mr. Soumyajit Ghosh, Adv.

....For the CSTC Mr. Sasthi Charan Dhara, Adv.

....For the State Affidavit of service filed in Court today, is taken on record.

Mr. Himadri Sekhar Chakraborty, learned advocate and Ms. Priyanka Chandra, learned advocate appear for the petitioner.

Mr. Nayan Chand Behani, learned Senior advocate with Mr. Soumyajit Ghosh, learned advocate appear for the C.S.T.C.

Ms. Sasthi Charan Dhara, learned advocate appears for the State.

Rest of the respondents are not represented, despite notice.

The admitted position is that the petitioner is a retired employee of respondent no.3, retired on April 30, 2024 as would be evident from the writ petition. On retirement, petitioner has received 20%

of the total Provident Fund accrual and the balance 80% has not yet been paid to the petitioner.

The petitioner claims the said balance 80% of the Provident Fund dues along with interest.

In view of the above, the petitioner shall serve a copy of the complete set of writ petition along with a copy of today's order upon the respondent nos. 5 and 6 forthwith.

The respondent no.5 then upon issuing a prior hearing notice of at least seven days to the petitioner and after granting him an opportunity of hearing and upon proper verification of records in consultation with the respondent no.6 if comes with the finding that the balance 80% of the Provident Fund accrual has not been released in favour of the petitioner, the said quantum shall immediately be quantified and paid to the petitioner. While making such payment, the respondent nos.5 and 6 shall calculate interest at the rate of 6% per annum on the said balance amount of 80% of the Provident Fund accrual since the next date of retirement of the petitioner being May 1, 2024 till the actual tendering of the amount to be tendered to the petitioner and shall pay the entire amount with interest to the petitioner by crediting the Bank account of the petitioner.

This entire exercise shall be carried out and completed including the payment to be made to the petitioner by the respondent nos. 5 and 6 positively 3 within a period of six weeks from the date of communication of this order.

In the event, the record shows that the amount has already been paid or part of it has been paid then the necessary decision shall be taken by the respondent nos. 5 and 6 accordingly but the interest shall be paid as directed above on the unpaid amount. The reasoned decision shall be communicated to the petitioner within the said period of six weeks.

In the event of default, the interest shall be @ 8% per annum, if the amount is not paid within six weeks as directed above.

Since affidavits are not called for, the allegations made in this writ petition are deemed not to have been admitted by the respondents. With the above observations and directions, this writ petition, WPA 12894 of 2025 stands disposed of, without any order as to costs.

Photostat certified copy of this judgment, if applied for, be furnished expeditiously.

(Aniruddha Roy, J.)