Calcutta High CourtWPA/22653/2024disposed

Dilip Kumar Naskar 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. 181 CONSTITUTIONAL WRIT JURISDICTION Srimanta APPELLATE SIDE WPA 22653 of 2024 Dilip Kumar Naskar -Vs.- The State of West Bengal & Ors.

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

Mr. N. C. Bihani, Mr. Soumyajit Ghosh, Mr. Soumya Mukherjee, Mr. Moulinath Moitra ....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 31.01.2024. The retiral benefits of the petitioner was paid in tranches. The leave salary to the tune of Rs. 3,91,000/- was paid on 24.04.2024. The gratuity amount to the tune of Rs. 12,00,000/- was paid on 15.05.2024. The petitioner was paid 20% of the provident fund amount to the tune of Rs.6,76,000/- on 21.02.2024 which is in time. Petitioner claims interest on such delayed payments on account of leave salary, gratuity and

the unpaid principal sum on account of provident fund with interest.

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.

3,91,000/- from 01.02.2024 till 24.04.2024 and on the gratuity amount of Rs. 12,00,000/- from 01.02.2024 till 15.05.2024 at the rate of 6% per annum. The CSTC is also directed to pay 80% of the unpaid provident fund amount with interest from 01.02.2024 until the actual payment thereof @ 6% per annum, failing which the entire sum will attract interest @ 8% per annum. The payment of the principal 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 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.)