Tapas Kumar Midhey v. The State Of West Bengal And ORS.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE Present: The Hon'ble Justice Aniruddha Roy WPA 15617 OF 2025 Tapas Kumar Midhey Vs.

The State of West Bengal & Ors.

For the Petitioner :

Mr. Manas Kr. Ghosh, Adv.

Ms. Susmita Dey (Basu), Adv.

For the CSTC :

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

Mr. Soumyajit Ghosh, Adv.

For the State :

Mr. Pantu Deb Roy, Sr. Adv.

Mr. Subrata Guha Biswa Heard on :

23.07.2025 Judgment on :

23.07.2025 Aniruddha Roy, J.

Affidavit of service filed in Court today, is taken on record. Ms. Susmita Dey (Basu) and Mr. Manas Kr. Ghosh learned Advocates appear for the petitioner.

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

Mr. Pantu Deb Roy learned Senior Advocate and Mr. Subrata Guha Biswas appear for the State.

The petitioner retired from services of Calcutta State Transport Corporation (in short, CSTC) on July 31, 2023. The retiral benefits of the petitioner was paid in tranches. The leave salary aggregating to Rs. 3,63,112/- was paid on October 09, 2023. The gratuity amount of Rs. 11,44,250/- was paid on November 02, 2023. The petitioner was paid 25% of the provident fund to the tune of Rs.8,07,000/- on August 24, 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. 3,63,112/- from August 01, 2023 till October 09, 2023, on the gratuity amount of Rs.11,44,250/- from August 01, 2023 till November 02, 2023 and Rs. 8,07,000/- paid on account of provident fund from August 01, 2023 till August 24, 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 August 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.) D. Das, P.A.