Dibakar Roy v. Union Of India And ORS.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE 26 01.7.2025 Sc Ct. no.2 WPA 13044 OF 2025 ------------- Dibakar Roy Vs.

Union of India & Ors.

Mr. Sounak Bhattacharya Mr. Sounak Mandal Mr. Anirban Saha Roy.

....For the Petitioner Mr. Soumak Bera Mr. Narendra Prasad Gupta.

....For the Respondent No.1/UOI Mr. Sounak Bhattacharya, learned counsel appears for the petitioner.

Mr. Soumak Bera, learned counsel appears for the respondent no.1/ UOI.

The petitioner retired on October 31, 2024. All other retiral benefits have duly been paid save and except earned leave encashment salary and gratuity. The petitioner claims Rs.7,90,468/- only on account of earned leave encashment and Rs.18,47,458/- only on account of gratuity benefit, as would be evident from Annexure-P3 at page 17 to the writ petition.

In view of the above, the appropriate authority of the respondent nos. 2 to 5 are directed to disburse and pay the said sum along with interest @6% per annum to the petitioner on and from November 1, 2024. The entire payment shall be made positively within a period of

two months from the date of communication of this order. In default, the interest will run @ 8% per annum since after the said period of two months.

Since affidavits are not called for, the allegations made in the writ petition are deemed not to have been admitted by the respondents.

With the above observations and directions, this writ petition, WPA 13044 of 2025 stands allowed, without any order as to costs.

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

(Aniruddha Roy, J.)