Sabyasachi Gupta v. Calcutta State Transport Corporation And ORS.

17.09.2024 IN THE HIGH COURT AT CALCUTTA Sl. No.75 CONSTITUTIONAL WRIT JURISDICTION (PP) APPELLATE SIDE WPA 17396 of 2024 Sabyasachi Gupta Vs.

Calcutta State Transport Corporation & Ors.

Mr. Dilip Kumar Chatterjee, Mr. Durga Bhusan Mukherjee ....for the petitioner.

Mr. Soumyajit Ghosh, Mr. Soumya Mukherjee, Mr. Moulinath Moitra ....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 petitioner was paid 25% of the Contributory Provident Fund (in short, CPF), but 75% of the CPF to the tune of Rs.23,50,741/- has not been paid to the petitioner. Petitioner claims for unpaid CPF amount and 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 Rs.23,50,741/- on account of CPF and interest on such CPF amount from 1st August, 2023 till the date

of actual payment at the rate of 6% per annum. The payment of the unpaid CPF 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 CPF 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.)