Mihir Roy v. State Of West Bengal And ORS.

12.07.23 263 Ct. No.25 Sws.M WPA 13611 of 2023 Mihir Roy Vs.

The State of West Bengal & Ors.

Ms. Susmita Dey (Basu) ....for the petitioner Mr. N.C. Bihani Mr. Soumya Mukherjee ....for the CSTC Ms. Kakoli Samajpati Ms. Oindrila Chatterjee ....for the State-respondents.

The petitioner being an employee of Calcutta State Transport Corporation (CSTC), was superannuated from his service with effect from January 31, 2023. Within one month from the date of his retirement the petitioner received 25% of his provident fund dues aggregating Rs. 7,29,000/-. The petitioner is aggrieved by the fact that 75% of his provident fund dues have not been disbursed till date. Ms. Dey (Basu), learned counsel appears on behalf of the petitioner.

Written instructions handed over in Court today on behalf of the CSTC is retained with the records.

Mr. Mukherjee, learned counsel appearing on behalf of CSTC submits that the petitioner is entitled to Rs.21,85,830/- being 75% of his provident fund dues.

In the light of the submissions made by the parties this Court directs a sum of Rs. 21,85,830/- to be paid to the petitioner within three months from date of the order. The petitioner will be entitled to interest @6% per annum from February 1, 2023 (the date subsequent to the date of retirement) till such date when the dues are actually released to the petitioner.

With the directions aforesaid, WPA 13611 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)