Kamal Kumar Mondal 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 15618 OF 2025 ------------- Kamal Kumar Mondal 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. Somnath Ganguli, Sr. Adv./A.G.P. Mr. Pratim Chakraborty, Adv.

Ms. Ranjana Dhar Chowdhury, Adv.

Ms. Ratna Das, Adv.

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, Mr. Soumyajit Ghosh, learned advocate appear for the Calcutta State Transport Corporation.

Mr. Somnath Ganguli learned Senior Advocate, Mr. Pratim Chakraborty, learned Advocate, Ms. Ranjana Dhar Chowdhury, learned Advocate and Ms. Ratna Das, learned Advocate appear for the State. The petitioner retired from services of Calcutta State Transport Corporation (in short, CSTC) on April 30, 2023. The retiral benefits of the petitioner was paid in tranches. The leave salary aggregating to Rs. 1,76,000/- was paid on August 09, 2023. The gratuity amount of Rs. 11,09,942/- was paid on September 05, 2023. The petitioner was paid 25% of the provident fund to the tune of Rs.7,72,000/- on May 16, 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. 1,76,000/- from May 01, 2023 till August 09, 2023, on the gratuity amount of Rs.11,09,942/- from May 01, 2023 till September 05, 2023 and Rs. 7,72,000/- paid on account of provident fund from May 01, 2023 till May 16, 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 May 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.