Calcutta High CourtWPA/13613/2023disposed

Sanjay Samanta v. State Of West Bengal And ORS.

2023-07-12Hon'Ble Justice Lapita Banerji2 pages

12.07.23 264 Ct. No.25 Sws.M WPA 13613 of 2023 Sanjay Samanta Vs.

State of West Bengal & Ors.

Ms. Susmita Dey (Basu) ....for the petitioner Mr. Amal Kumar Sen Mr. Sabyasachi Mondal ...for the CSTC Mr. S.M. Hassan ...for the State Written instructions filed in Court today is retained with the records.

The petitioner retired as an employee from Calcutta State Transport Corporation (CSTC) with effect from January 31, 2023. The grievance of the petitioner is that the petitioner only received 25% of the provident fund dues on February 16, 2023. Remaining 75% of the provident fund dues are yet to be paid.

The petitioner received a sum of Rs.6,49,000/- on February 16, 2023, being 25% of the provident fund dues, within one month from the date of his retirement. The remaining Rs. 19,47,740/- is yet to be disbursed by the employer/CSTC. The said amount is not in dispute.

Ms. Dey (Basu), learned counsel represents the petitioner.

Mr. Sen, learned Additional Government Pleader appears on behalf of the CSTC.

Considering the submissions of the parties and the materials placed on record, this Court is of the view that the employer/Secretary of the respondent No. 6 was under an obligation to release the provident fund dues within one month from the date of superannuation of ex-employee. This Court directs the release of the provident fund dues to the tune of Rs.19,47,740/- within 3(three) months from date along with interest @ 6% per annum payable from February 1, 2023 ( the date subsequent to the date of retirement) till such time the entire dues are disbursed to the petitioner.

With the direction aforesaid WPA 13613 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)