Madan Mohan Saha v. State Of West Bengal And ORS.

96.

27.9.2023 S.D.

W.P.A. 21247 of 2023 Madan Mohan Saha Vs.

The State of West Bengal & Ors.

Ms. Susmita Dey (Basu) ..For the Petitioner Mr. N.C. Bihani Mr. Soumya Mukherjee ...For the CSTC.

Mr. Debashish Chakraborty ...For the State The petitioner has been superannuated from service on January 31, 2023. He was working as a permanent employee of Calcutta State Transport Corporation (CSTC). The petitioner prays for interest on the delayed payment of the retiral dues. The gratuity dues aggregating Rs.10,15,422/- was paid on April 13, 2023. Leave Encashment benefits to the tune of Rs.3,33,012/- was paid on March 14, 2023. The Provident Fund dues aggregating of Rs.22,12,647/- was paid on August 5, 2023. Mr. Bihani, learned counsel appears on behalf of the CSTC.

The writ petitioner is entitled to interest @ 6% per annum from February 1, 2023 (the date subsequent to the date of retirement) till April 13, 2023 on Rs.10,15,422/- being the gratuity amount, from February 1, 2023 till March 14, 2023 on the sum of Rs.3,33,012/- being the leave encashment amount and from February 1, 2023 till August 5, 2023 on the sum of Rs.22,12,647/- being the provident fund dues.

The respondent authority/CSTC is directed to make the aforesaid payment within three months from date. In the event, the said amount is not disbursed within the stipulated period, the rate of interest will stand enhanced to 10% per annum on the gratuity amount, being the statutory rate under the payment of Gratuity Act, 1972. With the directions aforesaid, the writ petition, being WPA 21247 of 2023, is disposed of.

Since no affidavits have been called for in the writ petition, the allegations contained therein be deemed not to have been admitted by the respondents.

Needless to mention, in case the petitioner has occupied the quarter granted by the employer after his retirement the occupation charges for the said quarter will be deducted from the retiral benefits that the petitioner is

entitled to as per the extant rules and policies of the employer/CSTC.

All parties shall act on the server copies of this order duly downloaded from the official website of this Hon'ble Court.

Urgent photostat certified copies of this order, if applied for, be supplied to the parties upon compliance of all necessary formalities.

(Lapita Banerji, J.)