Shib Sankar Chakraborty v. State Of West Bengal And ORS.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE 18 26.6.2025 Sc Ct. no.2 WPA 13555 OF 2025 ------------- Shib Sankar Chakraborty Vs.

State of West Bengal & Ors.

Ms. Susmita Dey (Basu) ....For the Petitioner Mr. Sambuddha Dutta ....For the State Mr. N. C. Bihani Mr. Soumyajit Ghosh.

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

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

Mr. Sambuddha Dutta, learned advocate appears for the respondents State.

Mr. Soumyojit Ghosh, learned counsel led by Mr. N. C. Bihani, learned Senior Counsel appears for the Calcutta State Transport Corporation (for short CSTC).

The petitioner retired from services of Calcutta State Transport Corporation (in short, CSTC) on September 30, 2024. The retiral benefits of the petitioner was paid in tranches. The leave salary

aggregating to Rs.4,40,352/- was paid on December 17, 2024. The gratuity amount of Rs.13,95,557/- was paid on January 13, 2025. The petitioner was paid 20% of the Provident Fund to the tune of Rs.7,86,000/- on October 24, 2024. The 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.4,40,352/- from October 01, 2024 till December 17, 2024, on the gratuity amount of Rs.13,95,557/- from October 01, till January 13, and Rs.7,86,000/- paid on account of Provident Fund from October 01, 2024 till October 24, 2024 @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 October 01, 2024 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 affidavits are not called for, the allegations made in the writ petition are deemed not to have 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.)