Sukesh Chandra Dutta v. State Of West Bengal And ORS.

12.07.2023 IN THE HIGH COURT AT CALCUTTA DL-287 CONSTITUTIONAL WRIT JURISDICTION (PP) APPELLATE SIDE WPA 15551 of 2023 Sukesh Chandra Dutta Vs.

The State of West Bengal & Ors.

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

Mr. Soumya Mukherjee .....for CSTC.

Affidavit of service filed in Court today be retained with the records.

The petitioner being an employee of Calcutta State Transport Corporation (CSTC), was superannuated from his service with effect from March 31, 2023. Within one month from the date of his retirement the petitioner received 25% of his provident fund dues aggregating Rs.7,13,000/-. The petitioner is aggrieved by the fact that 75% of his provident fund dues have not been disbursed till date. Ms. Dey (Basu), learned counsel appears on behalf of the petitioner.

Written instructions handed over in Court today on behalf of the CSTC is retained with the records. Mr. Mukherjee, learned counsel appearing on behalf of CSTC submits that the petitioner is entitled to Rs.21,37,462/- being 75% of his provident fund dues.

In the light of the submissions made by the parties this Court directs a sum of Rs.21,37,462/- to be paid to the petitioner within three months from date of the order. The petitioner will be entitled to interest @6% per annum from April 1, 2023 (the date subsequent to the date of retirement) till such date when the dues are actually released to the petitioner. With the directions aforesaid, WPA 15551 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 shall act on the server copy of this order duly downloaded from the official website of this Court.

Urgent photostat certified copies of this order, if applied for, be supplied to the parties upon compliance of all necessary formalities.

(Lapita Banerji, J.)