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Calcutta High CourtWPA/28853/2025disposed

Monoj Samanta v. State Of West Bengal And ORS.

2026-01-15Hon'Ble Justice Saugata Bhattacharyya2 pages

(DL) (DL) 15.01.2026 15.01.2026 Ct. No. 02 (rkd)

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction (Appellate Side) W.P.A. 28853 OF 2025 Monoj Samanta VS.

The State of West Bengal & Ors.

Mr. Manas Kumar Ghosh, Mrs. Susmita Dey (Basu), Mr. Kasutav Ghosh ...for the Petitioner Mr. Nirmalya Biswas ...for the State Mr. N.C. Bihani, Sr. Adv.

Mr. Soumyajit Ghosh, Adv.

...for C.S.T.C.

1.

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

2.

Petitioner was an employee of Calcutta State Transport Corporation (for short, 'Corporation') who retired on superannuation on 30th June, 2024. Petitioner has prayed for consolidation of leave encashment benefits based on calculation of 300 days, not 180 days, in terms of Clause IX of memo dated 17th September, 2009 issued by the Joint Secretary to the Government of West Bengal, Transport Department.

3.

Corporation and State respondents are represented by learned advocate.

4.

It is pointed out by learned advocate representing the petitioner that a representation has been made addressed to the Managing Director of the

Corporation being respondent no. 5 for enhancement of leave encashment benefits. This Court finds that said representation needs to be considered by the appropriate authority. Respondent no. 5 is directed to take decision on the representation dated 1st August, 2025 claiming leave encashment benefits for further period of 120 days by twelve weeks from the date of communication of this order. Respondent no. 5 shall pass reasoned order and same shall be communicated to the petitioner by ten days thereafter.

5.

In the event decision is taken to enhance leave encashment benefits, consequential steps shall be taken by the concerned respondent authorities for releasing same to the petitioner.

6.

Writ petition stands disposed of.

7.

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

(SAUGATA BHATTACHARYYA, J.)