Malay Hazra v. State Of West Bengal And ORS.

24.09.2024 IN THE HIGH COURT AT CALCUTTA Sl. No.69 CONSTITUTIONAL WRIT JURISDICTION (PP) APPELLATE SIDE WPA 18968 of 2024 Malay Hazra Vs.

State of West Bengal & Ors.

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

Mr. N. C. Bihani, Mr. Soumyajit Ghosh, Mr. Soumya Mukherjee ....for CSTC.

Mr. Biswajit Sau, Mr. Sandip Chattopadhyay ....for the State.

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 30th November, 2023. The retiral benefits of the petitioner was paid in tranches. The leave salary aggregating to Rs.3,52,800/- was paid on 5th February, 2024. The gratuity amount of Rs.11,09,942/- was paid on 20th February, 2024. The petitioner was paid 20% of the provident fund to the tune of Rs.6,81,000/- on 21st December, 2023. Petitioner claims interest on such delayed payments on account of leave salary, gratuity and the unpaid principal sum on account of provident fund with interest.

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.3,52,800/- from 1st December, 2023 till 5th February, 2024, on the gratuity amount of Rs.11,09,942/- from 1st December, 2023 till 20th February, 2024 at the rate of 6% per annum.

The CSTC is directed to pay 80% of the unpaid provident fund amount with interest from 1st December, 2023 until the actual payment thereof @ 6% per annum, failing which the entire sum will attract interest @ 8% 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, failing which the interest rate will increase to 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.)