Calcutta High CourtWPA/19845/2024disposed

Ashim Kumar Das v. State Of West Bengal And ORS.

2024-09-24Hon'Ble Justice Arindam Mukherjee2 pages

24.09.2024 IN THE HIGH COURT AT CALCUTTA Sl. No.93 CONSTITUTIONAL WRIT JURISDICTION (PP) APPELLATE SIDE WPA 19845 of 2024 Ashim Kumar Das 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.

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 31st January, 2024. The retiral benefits of the petitioner were paid in tranches. The gratuity amount of Rs.12,00,000/- was paid on 9th June, 2024. The petitioner was paid 20% of the provident fund to the tune of Rs.7,38,000/- on 17th February, 2024.

Petitioner claims interest on such delayed payments on account of 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 gratuity amount of Rs.12,00,000/-

from 1st February, 2024 till 9th June, 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 February, 2024 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.)