Haraprasad Sarkar v. The State Of West Bengal And ORS.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE 5 19.05.2025 pa Ct. no.2 WPA 24975 OF 2024 ------------- Haraprasad Sarkar Vs.

The State of West Bengal & Ors.

Ms. Susmita Dey (Basu), Adv.

Mr. Manash Kr. Ghosh, Adv.

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

Mr. Soumyajit Ghosh, Adv.

....For the CSTC Ms. Susmita Dey (Basu), and Mr. Manash Kr.

Ghosh, learned advocates appear for the petitioner. Mr. N.C. Bihani, Learned Senior Advocate, Mr. Soumyajit Ghosh, learned advocate appear for the Calcutta State Transport Corporation.

None appears for the State.

The petitioner retired from services of Calcutta State Transport Corporation (in short, CSTC) on June 30, 2023. The retiral benefits of the petitioner was paid in tranches. The leave salary aggregating to Rs. 1,74,221/- was paid on September 20, 2023. The gratuity amount of Rs. 9,27,582/- was paid on October 03, 2023. The petitioner was paid 25% of the provident fund to the tune of Rs. 6,55,000/- on August 07, 2023. 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. 1,74,221/- from July 01, 2023 till September 20, 2023, on the gratuity amount of Rs. 9,27,582/- from July 01, 2023 till October 03, 2023 and on Rs. 6,55,000/- paid on account of provident fund from July 01, 2023 till August 07, 2023 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 75% of the unpaid provident fund amount with interest from July 01, 2023 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.)