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Calcutta High CourtWPA/27886/2023disposed

Kazi Saiful Hassan v. State Of West Bengal And ORS.

2024-01-09Hon'Ble Justice Rajasekhar Mantha2 pages

09-01-2024 ct no. 13 sl. 38 pk WPA 27886 of 2023 Kazi Saiful Hassan -VersusThe State of West Bengal and others Mr. Srinjay Sengupta, Mr. Saurav Roy, Mr. Narattam Acharyya, Mr. Ankush Ghosh ... for the petitioner Mr. Niladri Bhattacharya, Ms. Deblina Chattaraj, Ms. Priyanka Kundu, Ms. Angana Dutta ... for the respondent Corporation.

Mr. Debasish Chakraborty ... for the State.

1.

Affidavit of service filed in Court is taken on record.

2.

Despite specific directions of this Court, notice of upgradation has not been given to the respondents.

3.

Matter is taken up in view of the fairness shown by the learned counsel for the respondents based on the orders already passed earlier by this Court.

4.

The petitioner claims interest on delayed payment of terminal benefits.

The petitioner

superannuated from service of the WBTCL on March 31, 2021. He received his terminal benefits of Rs.16,77,300/- towards provident fund on 30.06.2021 and Rs.7,00,196/- towards gratuity & leave encashment on 03.06.2021.

5.

The petitioner is entitled to interest for the period from 01.04.2021 to 30.06.2021 at the rate of 6 per cent per annum towards provident fund and from 01.04.2021 to 03.06.2021 at the rate of 6 per cent per annum towards gratuity and leave encashment. Let the same be paid to the petitioner by the WBTCL within a period of one month from date.

6.

In default of payment as directed above, the rate of interest shall stand increased to 9 per cent per annum.

7.

The writ petition is disposed of.

8.

There will be no order as to costs.

9.

All parties are directed to act on a server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)