Putul Guha v. State Of West Bengal And ORS.

15.12.2025 Ct. No. 2 adeb W.P.A. 26994 of 2025 Putul Guha Vs.

The State of West Bengal & Ors.

Mr. Srinjoy Sengupta Mr. Sourav Roy Mr. Ankush Ghosh Mr. Prasenjit Jana ...for the petitioner Mr. Niladri Bhattacharjee Ms. Poulomi Chattopadhyay ...for the respondent nos. 2 to 5 Mr. Bikash Goswami ...for the State

1. Affidavit of service filed on behalf of the petitioner is taken on record.

2. Petitioner is an unmarried sister of deceased employee of West Bengal Transport Corporation Limited (for short, 'Corporation') and the said employee died in harness on 26th July, 2023. Petitioner was the nominee in connection with service of her brother as it appears from a document at page 17 of the writ petition. Being nominee of a deceased employee of Corporation after employee's death on 26th July, 2023 terminal benefits including death gratuity were paid to the petitioner belatedly. Petitioner claims interest

on retiral dues since those benefits were released not within time after the date of death of the employee.

3. State respondents and Corporation are represented by learned advocates.

4. It is submitted on behalf of Corporation, if necessary fund is not allotted by the State Government, Corporation would find it difficult to release the interest to the petitioner.

5. Having considered the submissions made on behalf of the parties, concerned respondent authorities are directed to pay interest @ 6% per annum on leave salary, gratuity and provident fund to the petitioner from the date following the date of death of the employee till the date of payment within a period of 3 (three) months from the date of communication of this order.

6. In the event respondent authority fails to pay interest on retiral dues in terms of the aforesaid directions within the stipulated time, respondent authority shall be required to pay interest @ 8% per annum on deferred payment.

7. If necessary, State respondents shall release requisite fund.

8. With the aforesaid directions writ petition stands disposed of.

9. Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertakings.

(Saugata Bhattacharyya, J.)