Sk. Saharaf Ali v. State Of West Bengal And ORS.

IN THE HIGH COURT AT CALCUTTA

Special Civil Jurisdiction Judgment (2) Appellate Side Moumita Daily List Item No. 90 Present :

The Hon'ble Justice Aniruddha Roy WPA 14904 OF 2025 Sk. Saharaf Ali Vs.

The State of West Bengal & Ors.

For the Petitioner :

Ms. Susmita Dey (Basu), Adv.

For the Respondent Nos. 3 to 5/CSTC :

Mr. N.C. Bihani, Sr. Adv.

Mr. Soumyajit Ghosh, Adv.

Heard on :

01.08.2025 Judgment on :

01.08.2025 Aniruddha Roy, J.:

Affidavit-of-service, filed in Court today, is taken on record. Ms. Susmita Dey (Basu), learned advocate appears for the petitioner.

None appears for the State.

Mr. N.C. Bihani, Learned Senior Advocate and Mr. Soumyajit Ghosh, learned advocate appears for the Calcutta State Transport Corporation (respondent nos. 3 to 5).

The petitioner retired from services of Calcutta State Transport Corporation (in short, CSTC) on May 31, 2023. The retiral benefits of the petitioner was paid in tranches. The leave salary aggregating to Rs.

2,931/- was paid on August 09, 2023. The gratuity amount of Rs. 8,52,485/- was paid on August 18, 2023. The petitioner was paid 20% of the provident fund to the tune of Rs. 5,69,000/- on June 23, 2023. Petitioner 2 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. 2,931/- from June 01, 2023 till August 09, 2023, on the gratuity amount of Rs. 8,52,485/- from June 01, 2023 till August 18, 2023 and Rs. 5,69,000/- paid on account of provident fund from June 01, 2023 till June 23, 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 80% of the unpaid provident fund amount with interest from June 01, 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.

(Aniruddha Roy, J.)