Tapas Kar v. The State Of West Bengal And ORS

Form No. J(2)

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE WPO/544/2025 TAPAS KAR VS THE STATE OF WEST BENGAL AND ORS.

PRESENT :

THE HON'BLE JUSTICE ANIRUDDHA ROY For the petitioner :

: Mr. Debdutta Basu, Advocate : Mr. Niladri Bhattacharjee, Advocate Ms. Deblina Chattaraj, Advocate Ms. Poulami Chattopadhyay, Advocate : Mr. Naba Kr. Das, Advocate Mr. Suman Singh, Advocate Heard on : August 26, 2025.

Judgment on : August 26, 2025.

ANIRUDDHA ROY,J. :

1.

Mr. Debdutta Basu, learned Advocate appears for the petitioner. Mr. For the State respondent Nos. 2 to 5[WBTC]:

For the State:

Naba Kr. Das, learned State Counsel appears for the State respondent. Ms. Deblina Chattaraj, learned Advocate appears for 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 June 30, 2024 on attaining the age of superannuation. The petitioner has been paid the provident fund (PF) amount of Rs.26,17,467/- on May 13, 2025 after a delay of over ten 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 June 30, 2024 and as such is entitled to receive interest from July 1, 2024 to May 13, 2025.

4. In the aforesaid facts and circumstances, the petitioner is entitled to receive interest on the said sum of Rs.26,17,467/- 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.26,17,467/- was paid on May 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.26,17,467/- for the period between July 1, 2024 till May 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 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.

7. Nothing further remains to be adjudicated in this matter. Accordingly, the Writ Petition WPO/544/2025 stands disposed of. (ANIRUDDHA ROY,J) Sbghosh