Bibhas Chandra Ghosh @ Bibhash Chandra Ghosh v. State Of West Bengal And ORS.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE 03 08.05.2025 pa Ct. no.2 WPA 30133 OF 2024 ------------- Bibhas Chandra Ghosh @ Bibhash Chandra Ghosh Vs.

The State of West Bengal on and Ors.

Mr. Srinjay Sengupta, Adv.

Mr. Saurav Roy, Adv.

Mr. Narattam Acharyaa, Adv.

Mr. Ankush Ghosh, Adv.

....For the Petitioner Mr. Durga Bhusan Mukhopadhyay, Adv.

....For the State Mr. Srinjay Sengupta, Mr. Saurav Roy, Mr.

Narattam Acharyaa, Mr.

Ankush Ghosh, learned advocates appear for the petitioner.

Mr.

Durga Bhusan Mukhopadhyay, Learned Advocate, appear for the respondent no.1.

None appear on behalf of respondent Nos.2 to 5. The petitioner retired from services of Calcutta State Transport Corporation (in short, CSTC) on 31.03.2024. The retiral benefits of the petitioner was paid in tranches. The Contributory Provident Fund amount of Rs.2,35,069/- was paid on 28.08.2024. The gratuity amount of Rs.10,96,615/- was paid on 12.09.2024. The petitioner was paid 20% of the provident fund to the tune of Rs.6,73,635/- on 26.04.2024. 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.2,35,069/- from 01.04.2024 till 28.08.2024, on the gratuity amount of Rs.10,96,615/- from 01.04.2024 till 12.09.2024 and on Rs.6,73,635/- paid on account of provident fund from 01.04.2024 till 26.04.2024 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 80% of the unpaid provident fund amount with interest from 01.04.2024 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.)