Md. Nasimul Haque v. The State Of West Bengal And ORS

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE WPO 356 OF 2025 MD. NASIMUL HAQUE VS.

THE STATE OF WEST BENGAL AND ORS PRESENT :

THE HON'BLE JUSTICE ANIRUDDHA ROY For the petitioner : Mr. Debdutta Basu, Adv.

For the State respondent : Mr. Wasim Ahmed, Adv.

Md. Ziaur Rahaman, Adv.

For the respondent nos. 2 to 5 (WBTC) : Mr. Niladri Bhattacharjee, Adv. Ms. Poulami Chattopadhyay, Adv.

Heard on : July 1, 2025.

Judgment on : July 1, 2025.

ANIRUDDHA ROY, J. :-

1. Mr. Debdutta Basu, learned Advocate appears for the petitioner. Md. Ziaur Rahaman, led by Mr. Wasim Ahmed, learned State Counsel appears for the State respondent. Ms. Poulami Chattopadhyay, led by Mr. Niladri Bhattacharjee, learned Advocate appears for the respondent nos. 2 to 5.

2. The petitioner retired from the service of Calcutta Tramways Company(1978) Ltd. (in short "CTC") now known as West Bengal Transport Corporation Limited (in short "WBTC") on January 31, 2024

on attaining the age of superannuation. The petitioner has been paid the provident fund (PF) amount of Rs.44,83,576/- on February 13, 2025 after a delay of over 13 months. The petitioner has sought for interest on delayed payment of PF amount.

3. The petitioner has received the PF amount without accrued interest on February 13, 2025 and as such is entitled to receive interest from February 1, 2024 to February 13, 2025.

4. In the aforesaid facts and circumstances, the petitioner is entitled to receive interest on the said sum of Rs.44,83,576/- for delay in paying the same as the respondents have derived benefit out of such money while the petitioner was deprived of the benefit on the money having not been paid immediately upon the same fell due. The petitioner says that the said sum of Rs.44,83,576/- was paid on February 13, 2025 and there is no dispute raised about the said date of payment.

5. Without going into the dispute as who was responsible for the delay and to what extent, I direct the respondents jointly and severally to pay 6% interest on the entire sum of Rs.44,83,576/- for the period between February 1, 2024 till February 13, 2025. The entire interest on account of delayed payment of Provident Fund shall be paid to the petitioner within a period of four months from date, failing which the interest will be 8.6% being the present rate of interest in respect of Provident Fund.

6. It is needless to mention that the appropriate State Authorities are also directed to disburse and release the necessary fund in favour of the

respondent no. 2 for making necessary payment on account of interest in favour of the petitioner.

7. Nothing further remains to be adjudicated in this matter. Accordingly, the Writ Petition WPO/356/2025 stands disposed of. (ANIRUDDHA ROY, J) Sbghosh/RS