Bikash Dutta Banik v. The State Of West Bengal And ORS.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE 18 01.05.2025 pa Ct. no.2 WPA 28666 OF 2024 ------------- Bikash Dutta Banik Vs.

The State of West Bengal & Ors.

Mr. Dilip Kumar Chatterjee, Adv.

Mr. Durga Bhusan Mukherjee, Adv.

....For the Petitioner Mr. Jagabandhu Roy, Adv.

Miss Indrani Nandi, Adv.

...For the Respondent no. 1 (State) Mr. N.C. Bihani, Sr. Adv.

Mr. Soumyajit Ghosh, Adv.

....For the Respondent No. 2 (CSTC) Mr. Dilip Kumar Chatterjee with Mr. Durga Bhusan Mukherjee, learned advocates appear for the petitioner. Mr. Jagabandhu Roy, learned advocate appears for the respondent No.1.

Mr. N.C. Bihani, Learned Senior Advocate, Mr. Soumyajit Ghosh, learned advocate, learned advocate appear for the Calcutta State Transport Corporation (respondent no. 2).

The petitioner retired from services of Calcutta State Transport Corporation (in short, CSTC) on 28.02.2023. The retiral benefits of the petitioner was paid in tranches. The leave salary amounting to Rs. 3,66,384/- was paid in two installments. 1st installment of Rs.2,34,432/- was paid on 13.07.2023 and 2nd

installment of Rs.1,31,952/- was paid on 18.07.2024. The gratuity amounts of Rs.11,19,709/- and Rs.33,336/- were paid on 13.07.2023 and 16.08.2024 respectively. 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. 2,34,432/- from 01.03.2022 till 13.07.2023 and Rs. 1,31,952/- from 01.3.2023 till 18.07.2023 and on the gratuity amount of Rs.11,19,709/- from 01.03.2023 to 13.07.2023, and on Rs.33,336/- from 01.03.2023 till 16.08.2024 respectively 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. 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.)