Prabir Kumar Roy v. The North Bengal State Transport Corporation And ORS.

16.09.2025

IN THE HIGH COURT AT CALCUTTA

Ct. No. 2 Constitutional Writ Jurisdiction D/L Sl. No. 16 Appellate Side Moumita WPA 19021 of 2025 Prabir Kumar Roy Vs The North Bengal State Transport Corporation and Ors.

Md. Sufi Masih Aftab ...... for the Petitioner Mr. Amal Kumar Sen, A.A.G Mr. Sabyasachi Mondal ...... for the NBSTC Md. Sufi Masih Aftab, learned advocate appears for the petitioner.

Mr. Sabyasachi Mondal, learned advocate led by Mr. Amal Kumar Sen, learned Additional Advocate General appears for the state appears for respondent nos. 2 to 4.

The core grievance of the petitioner is that though the pay fixation has been done by the employer on December 27, 2023 annexure p-3 at page 20 to the writ petition but till date the necessary payment has not been released in favour of the petitioner. The order of refixation of payment in favour of the petitioner is available at annexure p-4 at page 21 to the writ petition which is dated June 16, 2025.

In view of the above, the respondent no. 4 is directed to release the entire payment along with the current payment to be paid in favour of the petitioner in accordance with the re-fixation of the pay scale.

The arrear payment shall be calculated along with interests at the rate of 6% per annum since date of entitlement of the petitioner under the said re-fixation of pay scale until the date actual payment to be made to the petitioner and then the respondent no. 4 shall continue to disburse and shall pay the petitioner the current payment as per the re-fixation without any default.

The entire exercise shall be carried out, which shall include the payment of arrear with interest as directed above, along with the current payment to be made in favour of the petitioner positively within two months from the date of communication of this order. In the event, the payment is not disbursed in favour of the petitioner within said stipulated period of two months then the interest shall be carried at the rate of 9% per annum.

This order shall also include the necessary revision in the superannuation benefit also strictly in accordance with law. If the petitioner is entitled to receive this benefit in accordance with the re-fixation of pay.

Since affidavits are not called for, the allegations made in this writ petition is deemed not to have been admitted by the respondents.

With the above observations and directions, this writ petition, WPA 19021 of 2025 stands disposed of, without any order as to costs.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties expeditiously, on compliance of usual legal formalities.

(Aniruddha Roy, J.)