Babul Kumar Dutta v. The State Of West Bengal And ORS.

Form No. J.(2) Item No. 27 AB

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction Appellate Side

Present:

The Hon'ble Justice Aniruddha Roy W.P.A. 16691 of 2025 Babul Kumar Dutta Vs.

State of West Bengal & Ors.

For the petitioner :

Ms. Susmita Dey (Basu), Advocate For State respondent :

Kaustav Bhattacharyya For C.S.T.C.

:

Mr. N. C. Bihani, Advocate Mr. Soumyajit Ghosh, Advocate Heard on :

August 8, 2025 Judgment on :

:

August 8, 2025 Aniruddha Roy, J.

Affidavit of service filed in Court today, is taken on record. Ms. Susmita Dey (Basu), learned advocate appears for the petitioner. Mr. Kaustav Bhattacharyya, learned advocate appears for the State. Mr. N.C. Bihani, Learned Senior Advocate and Mr. Soumyajit Ghosh, learned advocate appear for the Calcutta State Transport Corporation (respondent nos. 3 to 5).

The petitioner retired from services of Calcutta State Transport Corporation (in short, CSTC) on March 31, 2024. The retiral benefits of the petitioner was paid in tranches. The leave salary aggregating to Rs.18,496/- was paid on July 30, 2024. The gratuity amount of Rs. 11,40,975/- was paid on July 19, 2024. The petitioner was paid 20% of the provident fund to

the tune of Rs. 5,30,000/- on April 26, 2024. 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. 18,496/- from April 01, 2024 till July 30, 2024, on the gratuity amount of Rs. 11,40,975/- from April 01, 2024 till July 19, 2024 and Rs.5,30,000/- paid on account of provident fund from April 01, 2024 till April 26, 2024 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 80% of the unpaid provident fund amount with interest from April 01, 2024 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. )