Sankar Kumar Das v. State Of West Bengal And ORS.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE 26.06.2025 Ct. no.2 Daily List Sl. 4 b.r.

WPA 12719 of 2025 Sankar Kumar Das Vs.

The State of West Bengal & Ors.

Ms. Susmita Dey (Basu), Adv.

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

Mr. Soumyajit Ghosh, Adv.

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

Ms. Susmita Dey (Basu), learned advocate appears for the petitioner.

None appears for the State.

Mr. N.C. Bihani, Learned Senior Advocate and Mr. Soumyajit Ghosh, learned advocate appear for the Calcutta State Transport Corporation (respondent nos. 3 to 5).

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 leave salary aggregating to Rs. 3,68, 940/- was paid on March 6, 2025. The gratuity amount of Rs. 12,31,529/- was paid on March 24, 2025. The petitioner was paid 20% of the provident fund to the tune of Rs. 8,99,000/- 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 interest on the leave salary of Rs. 3,68,940/- from February 1, 2025 till March 6, 2025, on the gratuity amount of Rs. 12,31,529/- from February 1, 2025 till March 24, 2025 and Rs. 8,99,000/- paid on account of provident fund from February 1, 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 with interest from February 28, 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.)