Subrata Kumar Das v. State Of West Bengal And ORS.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE 2 25.04.2025 pa Ct. no.2 WPA 24051 OF 2024 ------------- Subrata Kumar Das Vs.

The State of West Bengal & Ors.

Ms. Susmita Dey (Basu), Adv.

....For the Petitioner Mr. N.C. Bihani, Sr. Adv.

Mr. Soumyajit Ghosh, Adv.

Mr. Soumya Mukherjee, Adv.

....For the CSTC Ms. Susmita Dey (Basu), learned advocate appears for the petitioner.

Mr. N.C. Bihani, Learned Senior Advocate, Mr. Soumyajit Ghosh, learned advocate and Mr. Soumya Mukherjee, learned advocate appear for the Calcutta State Transport Corporation (respondent no. 3). The petitioner retired from services of Calcutta State Transport Corporation (in short, CSTC) on 30.04.2024. The retiral benefits of the petitioner was paid in tranches. The leave salary aggregating to Rs. 83,086/- was paid in two installments. 1st installment of Rs. 80,193/- was paid on 05.07.2024 and 2nd installment of Rs. 2,893/- was paid on 18.07.2024. The gratuity amount of Rs. 11,64,181/- was paid on 30.07.2024. The petitioner was paid 20% of the provident fund to the tune of Rs. 5,82,000/- on

30.05.2024. Petitioner claims interest on such delayed payments.

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. 80,193/- from 01.05.2024 till 05.07.2024 and Rs. 2,893/- from 01.05.2024 till 18.07.2024 on the gratuity amount of Rs. 11,64,181/- from 01.05.2024 till 30.07.2024 and on Rs. 5,82,000/- paid on account of provident fund from 01.05.2024 till 30.05.2024 at the rate of 6% 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. The CSTC is directed to pay 80% of the unpaid provident fund amount with interest from 01.05.2024 until the actual payment thereof @6% per annum, failing which the entire sum will 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.

(Aniruddha Roy, J.)