Calcutta High CourtWPA/15434/2024disposed

Dipak Kumar Barua v. State Of West Bengal And ORS.

2024-07-16Hon'Ble Justice Arindam Mukherjee2 pages

16.07.2024 IN THE HIGH COURT AT CALCUTTA Sl. No.41 CONSTITUTIONAL WRIT JURISDICTION (PP) APPELLATE SIDE WPA 15434 of 2024 Dipak Kumar Barua Vs.

State of West Bengal & Ors.

Ms. Susmita Dey (Basu) ....for the petitioner.

Mr. Dipankar Das Gupta ....for the State.

Mr. N. C. Bihani, Mr. S. Ghosh, Mr. S. Mukherjee ....for CSTC.

The petitioner retired from services of Calcutta State Transport Corporation (in short, CSTC) on 31st August, 2023. The retiral benefits of the petitioner was paid in tranches. The leave salary aggregating to Rs.2,65,972/- was paid on 10th November, 2023. The gratuity amount of Rs.11,86,629/- was paid on 9th January, 2024. The petitioner was paid 25% of the provident fund to the tune of Rs.7,74,000/- on 25th September, 2023. 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.2,65,972/- from 1st September, 2023 till 10th November, 2023, on the

gratuity amount of Rs.11,86,629/- from 1st September, 2023 till 9th January, 2024 and on Rs. 7,74,000/- paid on account of provident fund from 1st September, 2023 till 25th September, 2023 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 75% of the unpaid provident fund amount with interest from 1st September, 2023 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. (Arindam Mukherjee, J.)