Sankar Talukder v. State Of West Bengal And ORS.

1st April., 2026 In the High Court at Calcutta Item no.M/L 267 Court No. 18 Pradip, A.R.(Ct.) Constitutional Writ Jurisdiction Appellate Side Case No.

WPA 31115 of 2024 In the matter of :

Sankar Talukder .... Petitioner VS.

The State of West Bengal & Ors.

....Respondents For the Petitioner:

Ms. Srabani Biswas Mr. Raihan Islam ....Advocates For the State:

Mr. Manas Kumar Sadhu ....Advocate For the WBTC:

Ms. Deblina Chattoraj Ms. Poulami Chattopadhyay ....Advocates

1. Affidavit of service filed in Court today is taken on record.

2. The petitioner was serving as a conductor in West Bengal Transport Corporation. He retired from service on 31.12.2020.

3. The grievance of the petitioner is that the gratuity amount and other retiral dues were disbursed in his favour only on 01.03.2021. The petitioner claims interest on delayed payment of the gratuity amount and all other retiral benefits.

4. I have heard learned counsel for the parties and considered the orders passed by this Court in similar facts.

5. It is settled law that the right of a retired employee to get his/her retiral dues on the date of attaining superannuation is a valuable right which accrues in his/her favour on the date of his attaining

superannuation. Further, gratuity and pension are no more considered to be a bounty to be handed out by the State at its whim. An employee has a statutory right to receive gratuity and pension upon retirement. If payment of such gratuity and pension is delayed the retired employee is surely entitled to get some interest for such delayed payment.

6. In the present case, it was the bounden duty of the authority to disburse the terminal dues on the due date. As it has failed to do so and has released such amount after unexplained delay, it is obliged to pay interest to the retired employee. Pension and gratuity are welfare provisions aimed at maintaining the life of a retired employee and his/her dependents. This is compensatory in nature.

7. In view of the aforesaid, I direct the Managing Director, West Bengal Transport Corporation being the respondent no. 4 herein to pay interest to the writ petitioner at the rate of 6% per annum on the gratuity amount and all other retiral benefits calculated on and from the next date of retirement till the date of actual payment, provided the delay caused was not attributable to the petitioner.

8. Such payment is to be made within twelve weeks from the date of communication of the certified copy of this order.

9. The writ petition stands disposed of.

10. Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible. (Amrita Sinha, J.)