Shyamal Bhar v. State Of West Bengal And ORS.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE 2 19.05.2025 pa Ct. no.2 WPA 14752 OF 2024 ------------- Shyamal Bhar Vs.

The State of West Bengal & Ors.

Ms. Susmita Dey (Basu), Adv.

Mr. Manash Kr. Ghosh, Adv.

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

Mr. Soumyajit Ghosh, Adv.

....For the CSTC Mr. Suman Singh, Adv.

...For the State Ms. Susmita Dey (Basu), and Mr. Manash Kr.

Ghosh, learned advocates appear for the petitioner. Mr. N.C. Bihani, Learned Senior Advocate, Mr. Soumyajit Ghosh, learned advocate appear for the Calcutta State Transport Corporation.

Mr. Suman Singh, learned Advocate appears for the State.

The petitioner retired from services of Calcutta State Transport Corporation (in short, CSTC) on January 31, 2024. The retiral benefits of the petitioner was paid in tranches. The leave salary aggregating to Rs. 2,87,106/- was paid on April 24, 2024. The gratuity amount of Rs. 12,00,000/- was paid on May 03, 2024. The petitioner was paid 20% of the provident fund to the tune of Rs. 6,72,000/- on February 21, 2024. 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. 2,87,106/- from February 01, 2024 till April 24, 2024, on the gratuity amount of Rs. 12,00,000/- from February 01, 2024 till May 03, 2024 and on Rs. 6,72,000/- paid on account of provident fund from February 01, 2024 till February 21, 2024 .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 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 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.)