Prasanta Ganguly v. The State Of West Bengal And ORS

Form No.J(2)

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE WPO/483/2025 PRASANTA GANGULY VS THE STATE OF WEST BENGAL AND ORS PRESENT :

THE HON'BLE JUSTICE ANIRUDDHA ROY:

For the petitioner :

Mr. Debdutta Basu, Advocate For the respondent nos. 2 to 5 For the State respondent :

Heard on : 19.08.2025 Judgment on : 19.08.2025 : Mr. Niladri Bhattacharjee, Adv.(vc) Ms. Deblina Chattoraj, Adv.

Ms. Poulumi Chattopadhyay, Adv.

Sk. Md. Galib, Sr. Govt. Adv.

Ms. Priyamvada Singh, Adv.

ANIRUDDHA ROY,J. :

1. Mr. Debdutta Basu, learned Advocate appears for the petitioner. Mr. Naba Kumar Das, learned State Counsel appears for the State respondent. Ms. Deblina Chattoraj, 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 March 31, 2024 on attaining the age of superannuation. The petitioner has

been paid the provident fund (PF) amount of Rs.12,73,003/- on April 24, 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 with accrued interest uptil March 31, 2024 and as such is entitled to receive interest from 1st April, 2024 to 24th to April, 2025.

4. In the aforesaid facts and circumstances, the petitioner is entitled to receive interest on the said sum of Rs.12,73,003/- 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. 12,73,003/- was paid on April 24, 2025 and there is no dispute raised about the said date of payment.

5. Mr. Niladri Bhattacharjee, learned Advocate appearing for WBTCL submits that pursuant to the direction of a coordinate Bench in another writ petition, the issue with regard to the delayed payment has been taken up for a detailed deliberation by and between the Secretaries of the Transport and Finance Department of this State. At present, no final result has yielded on such deliberation. The process is on motion.

6. Ms. Priyamvada Singh, learned counsel appearing for State, submits that she has not received any instruction with regard to such deliberation on the issue.

7. Be that as it may, the pendency of deliberation on the issue shall not throw the retired employee in a limbo when his legitimate right is infringed.

8. 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.12,73,003/- for the period between 1st April 2024 till April 24, 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.

9. It is needless to mention that the appropriate State Authorities is 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. 10.

Nothing further remains to be adjudicated in this matter. Accordingly, the Writ Petition WPO/483/2025 stands disposed of.

(ANIRUDDHA ROY,J) JM