Mohammed Mustafa Khan @ Md Mustafa Khan v. State Of West Bengal And ORS.

24.09.2024 IN THE HIGH COURT AT CALCUTTA Sl. No. 151 CONSTITUTIONAL WRIT JURISDICTION Srimanta APPELLATE SIDE WPA 22431 of 2024 Mohammed Mustafa Khan @ Md. Mustafa Khan -Vs.- The State of West Bengal & Ors.

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

Mr. Timir Baran Saha ...for the State.

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 30.09.2023. The petitioner was paid his retiral benefits on 12.04.2024. The petitioner is seeking interest on the delayed payment of his retiral benefits.

Although the petitioner had received his retiral benefits on 12.04.2024 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 retiral benefits on account of provident fund to the tune of Rs.25,41,779/- from 01.10.2023 till 12.04.2024 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 of Rs.25,41,779/- 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.)