Sankarlal Sarkar v. Calcutta State Transport Corporation & ORS.

Court No. 11 G.S.Da s 02.05.2022 MAT 812 of 2013 With CAN 1 of 2014 (Old No. CAN 11450 of 2014) Sankarlal Sarkar (Since deceased, represented by his legal heirs Ratna Sarkar & Ors.) -VSCalcutta State Transport Corporation & Ors. Mr. Dilip Kumar Chatterjee Mr. Durga Bhusan Mukherjee ... for the appellant Mr. Amal Kumar Sen Mr. Sabyasachi Mondal ... for the C.S.T.C.

Mr. Ziaul Islam Mr. Sajal Kumar Pandi ... for the State [ Party/Parties is/are represented in the order of their name/names as printed above in the cause title. This is an appeal against the order passed by the Hon'ble Single Judge in WP 4549(W) of 2013 dated 28.02.2013 wherein the Hon'ble Single Judge had directed the respondents to release all the retiral dues in favour of the writ petitioner within a period of six weeks from the date of communication of the order. In the event, the dues are not paid within the aforesaid period the respondents would be liable to pay 8 per cent interest on the total accumulation from the date of retirement till the date of final payment. Learned Counsel for the respondents submits that after the order passed by the Hon'ble Single Judge the respondents have paid all the benefits

except the interest on gratuity.

In view of the above, the appeal is disposed of by directing the respondents to pay the interest on gratuity at the rate of 6 per cent to the appellant from the date of his retirement till the date of final payment.

The said interest shall be paid by the respondents to the appellant within a period of eight weeks from this day.

In view of the above, MAT 812 of 2013 along with its application being CAN 1 of 2014 (Old No. CAN 11450 of 2014) are disposed of.

Since affidavits are not called for, allegations made therein are deemed to be denied.

In the cause-title of the earlier order dated 28.03.2022, the name of the appellant has been recorded as 'Shri Sankarlal Sarkar'. By an order dated 17.03.2022 the name of the appellant (since deceased) should be substituted by his legal heirs namely Ratna Sarkar & Others. Hence, in the causetitle of the order dated 28.03.2022 the name of the appellant should be "Sankarlal Sarkar (Since deceased, represented by his legal heirs Ratna Sarkar & Ors.) instead of 'Shri Sankarlal Sarkar'.

The Order dated 28.03.2022 be made a part of this order.

All parties to act on a server copy of this order

duly obtained from the official website of the Hon'ble High Court, Calcutta.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties, subject to compliance with all requisite formalities.

(Krishna Rao, J.) (Subrata Talukdar,J.)