Chandan Das v. State Of West Bengal And ORS.
Form No.J(2)
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE Present: The Hon'ble Justice Aniruddha Roy WPA 18393 OF 2025 ------------- Chandan Das Vs.
The State of West Bengal & Ors.
For the Petitioner Ms. Susmita Dey (Basu), Adv.
For the CSTC Mr. N.C. Bihani, Sr. Adv.
Mr. Soumyajit Ghosh, Adv.
For the State Mr. Tirthankar Dey, Adv.
Heard on :
26.08.2025 Judgment on :
26.08.2025 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. N.C. Bihani, learned Senior Advocate, Mr. Soumyajit Ghosh, learned advocate appear for the Calcutta State Transport Corporation. Mr. Tirthankar Dey, learned Advocate appears for the State. The petitioner retired from services of Calcutta State Transport Corporation (in short, CSTC) on March 31, 2025. The gratuity and leave
salary of the petitioner have not been paid till date. The petitioner was paid 20% of the provident fund to the tune of Rs.7,95,000/- on April 29, 2025. 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 gratuity and leave salary with interest from the date of retirement till the date of payment and interest on Rs.7,95,000/- paid on account of gratuity and leave salary from April 01, 2025 till April 29, 2025 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, 2025 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.) D. Das, P.A.