Kalyan Chandra Dutta v. State Of West Bengal And ORS.

24.09.2024 IN THE HIGH COURT AT CALCUTTA Sl. No.92 CONSTITUTIONAL WRIT JURISDICTION (PP) APPELLATE SIDE WPA 19841 of 2024 Kalyan Chandra Dutta 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.

Md. Salauddin Mollah ....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 April, 2023. The retiral benefits of the petitioner were paid in tranches. The leave salary aggregating to Rs.53,969/- was paid on 22nd June, 2023. The gratuity amount of Rs.9,94,000/- was paid on 4th July, 2023. The petitioner was paid 25% of the provident fund to the tune of Rs.6,88,000/- on 16th May, 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.53,969/- from 1st May, 2023 till 22nd June, 2023, on the gratuity amount of Rs.9,94,000/- from 1st May, 2023 till 4th July, 2023 at the rate of 6% per annum.

The CSTC is directed to pay 75% of the unpaid provident fund amount with interest from 1st May, 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.)