Mollah Jane Alam v. State Of West Bengal And ORS.

17.09.2024 IN THE HIGH COURT AT CALCUTTA Sl. No.68 CONSTITUTIONAL WRIT JURISDICTION (PP) APPELLATE SIDE WPA 17177 of 2024 Mollah Jane Alam Vs.

State of West Bengal & Ors.

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

Mr. Amal Kumar Sen, Ms. Sahina Sumi ....for CSTC.

Affidavit of service filed in Court today is taken on record.

The petitioner retired from services of Calcutta State Transport Corporation (in short, CSTC) on 31st July, 2023. The retiral benefits of the petitioner was paid in tranches. The leave salary aggregating to Rs.19,438/- was paid on 21st December, 2023. The gratuity amount of Rs.10,76,308/- was paid on 9th January, 2024. The petitioner was paid 25% of the provident fund to the tune of Rs.7,08,000/- on 24th August, 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.19,438/- from 1st

August, 2023 till 21st December, 2023, on the gratuity amount of Rs.10,76,308/- from 1st August, 2023 till 9th January, 2024 and on Rs. 7,08,000/- paid on account of provident fund from 1st August, 2023 till 24th August, 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 1st August, 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. (Arindam Mukherjee, J.)