Calcutta High CourtWPA/20623/2024disposed

Dipti Mazumder v. Calcutta State Transport Corporation And ORS.

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

24.09.2024 IN THE HIGH COURT AT CALCUTTA Sl. No.108 CONSTITUTIONAL WRIT JURISDICTION (PP) APPELLATE SIDE WPA 20623 of 2024 Dipti Mazumder Vs.

Calcutta State Transport Corporation & Ors.

Mr. Dilip Kumar Chatterjee, Mr. Durga Bhusan Mukherjee ....for the petitioner.

Mr. N. C. Bihani, Mr. Soumyajit Ghosh ....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 petitioner was paid 20% of the Contributory Provident Fund (in short, CPF), but 80% of the CPF to the tune of Rs.29,57,767/- has not been paid to the petitioner. Petitioner claims for unpaid CPF amount and interest on such delayed payments.

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 Rs.29,57,767/- on account of CPF and interest on such CPF amount from 1st February, 2024 till the

date of actual payment at the rate of 6% per annum. The payment of the unpaid CPF 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 CPF 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 petitioner is not entitled to any interest on the 20% of the CPF amount as the same was paid on 21st February, 2024, i.e. within one month from the petitioner's retirement on 31st January, 2024. 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.)