Calcutta High CourtWPA/22430/2024disposed

Mohan Prasad Ray v. State Of West Bengal And ORS.

2024-09-24Hon'Ble Justice Arindam Mukherjee3 pages

24.09.2024 IN THE HIGH COURT AT CALCUTTA Sl. No. 150 CONSTITUTIONAL WRIT JURISDICTION Srimanta APPELLATE SIDE WPA 22430 of 2024 Mohan Prasad Ray -Vs.- The State of West Bengal & Ors.

Mr. Srinjay Sengupta, Mr. Saurav Roy, Mr. Narattam Acharyya, Mr. Ankush Ghosh ....for the petitioners.

Ms. Deblina Chattaraj, Ms. Priyanka Kundu ...for the respondent.

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

The petitioner retired from services of Calcutta Tramways Company (1978) Ltd. (in short, CTC) now known as West Bengal Transport Corporation Ltd. (in short, WBTC) on 31.12.2019. The petitioner was paid his provident fund amount to the tune of Rs. 18,36,236/- on 08.04.2020 and gratuity, leave salary and other dues to the tune of Rs.11,00,445/- on 20.04.2020. The petitioner is seeking interest on the delayed payments of his retiral benefits.

Although the petitioner had received his retiral benefits on 08.04.2020 and 20.04.2020 and has filed the instant writ petition on 04.09.2024 but considering the benefit of limitation given between the period from 15.03.2020 and 28.02.2022 on account of pandemic, the delay in approaching the Court for service related claim in the instant case is ignored and the WBTC is directed to pay interest on the provident fund of Rs.18,36,236/- from 01.01.2020 till 08.04.2020 and on the gratuity, leave salary and other benefits to the tune of Rs. 11,00,445/- from 01.01.2020 till 20.04.2020 at the rate of 6% per annum within a period of three months from the date of communication of a server copy of this order failing which the principal sum towards provident fund of Rs.18,36,236/- and Rs.11,00,445/- towards gratuity, leave salary and other benefits shall attract interest @ 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.)