Suvobrata Talukder v. State Of West Bengal And ORS.

24.09.2024 IN THE HIGH COURT AT CALCUTTA Sl. No. 138 CONSTITUTIONAL WRIT JURISDICTION Srimanta APPELLATE SIDE WPA 21195 of 2024 Suvobrata Talukder -Vs.- The State of West Bengal & Ors.

Mrs. Susmita Dey (Basu) ....for the petitioner.

Mr. Pantu Deb Roy, Mr. Lal Mohan Basu ...for the State.

Mr. Amal Kumar Sen, Mr. Sabyasachi Mondal ....for the C.S.T.C.

Affidavit-of-service filed in Court today be kept with the record.

The petitioner retired from services of Calcutta State Transport Corporation (in short, CSTC) on 31.10.2021. The retiral benefits of the petitioner was paid in tranches. The leave salary to the tune of Rs. 4,26,330/- was paid on 18.01.2022. The gratuity amount to the tune of Rs.12,00,000/- was paid on 07.01.2022. The petitioner was paid first installment of the provident fund amount to the tune of Rs.13,44,000/- on 29.11.2021 which is in time and second installment of the remaining provident fund to the tune of Rs.20,17,170/- was paid on 26.05.2022. Petitioner claims interest on

the delayed payments on account of leave salary, gratuity and second installment of the provident fund.

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.

4,26,330/- from 01.11.2021 till 18.01.2022, on the gratuity of Rs. 12,00,000/- from 01.11.2021 till 07.01.2022 and on the second installment of the provident fund of Rs.20,17,170/- from 01.11.2021 till 26.05.2022 at the rate of 6% per annum. The payment of 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.)