Subhendu Chakraborty v. State Of West Bengal And ORS.
08.05.2025 Sl. No. 05 g.b.
Court No.02 W.P.A. 23112 of 2024 Subhendu Chakraborty -Vs- The State of West Bengal & Ors.
Ms. Nandini Mitra .....For the Petitioner Ms. Piyali Sengupta ......For the State Affidavit of service filed in court today is taken on record.
Ms. Nandini Mitra, learned counsel appears for the petitioner.
Ms. Piyali Sengupta, learned counsel appears for the State.
None appears for the CSTC The petitioner retired from services of Calcutta State Transport Corporation (in short, CSTC) on 30.04.2023. The retiral benefits of the petitioner was paid in tranches. The leave salary aggregating to Rs. 3,12,732/- has been paid on 09.08.2023. The gratuity amount of Rs.9,53,022/- was paid on 18.08.2023. The petitioner was paid 25% of the provident fund to the tune of
Rs.8,19,000/- on 16.05.2023. Petitioner claims interest on such delayed payments.
In the aforesaid facts and circumstance, after hearing the parties and considering the materials on record, I find that the petitioner is entitled to receive interest on the principal amount of leave salary of Rs. 3,12,732/- on and from 01.05.2023 @ 6% per annum and interest on the gratuity amount of Rs.9.53,022/- on and from 01.05.2023 at the statutory rate, both till 17.06.2023.
The petitioner has already received 25% of the provident fund dues on 16.05.2023.
Therefore, the petitioner shall also receive interest @ 6% per annum on the balance 75% of the provident fund dues on and from 01.05.2023.
In the case of provident fund dues, the interest has to be paid on and from 01.05.2023 until the date of actual tendering the money to the petitioner.
In the event of default in making payment, as directed above, in every case the interest shall
be paid @Rs.8 per cent per annum beyond the schedule time fixed above for payment.
Nothing further remains to be adjudicated in this writ petition. The same is accordingly disposed of.
Since affidavits are not called for, the allegations made in this writ petition are deemed not to have 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.
(Aniruddha Roy, J.)