Calcutta High CourtWPA/22659/2024disposed

Kartick Chandra Saha 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. 183 CONSTITUTIONAL WRIT JURISDICTION Srimanta APPELLATE SIDE WPA 22659 of 2024 Kartick Chandra Saha -Vs.- The State of West Bengal & Ors.

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

Mr. Sushanta Kumar Rakshit ...for the State.

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. 69,140/- was paid in time. The gratuity amount to the tune of Rs. 12,00,000/- was paid in time. The petitioner was paid 20% of the provident fund amount to the tune of Rs.7,23,000/- on 21.02.2024 which is also in time. These payments have been made in time and as such attract no interest. Petitioner claims 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 direct the CSTC 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.)