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2026 DAILYLAW 25367 (CAL)

LUNA DAS v. STATE OF WEST BENGAL AND ORS.

WPA/13607/2026 · 2026-06-29

Reetobroto Kumar Mitra

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

33 29.06. 2026 Ct. No. 18 Ab IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE. WPA 13607 of 2026 Luna Das Vs. The State of West Bengal and others. --------------- Mr. Srinjay Sengupta, Mr. Saurav Roy, Mr. Ankush Ghosh, Mr. Prasenjit Jana. … for the petitioner. Mr. Lokenath Chatterjee, Ms. Sneha Chatterjee. … for the State. 1. Affidavit of service filed in Court today be kept with the records. 2. The petitioner is a retired employee of Calcutta State Transport Corporation (CSTC). She retired from service on attaining her normal age of superannuation on November 30, 2025. 3. Allegation is that she received only 20% of her provident fund dues. He also alleges that her gratuity was disbursed in his favour belatedly. The petitioner prays for release of balance provident fund and interest on account of delayed payment of her gratuity. 4. Reliance has been placed on an order dated January 15, 2026 passed by this Court in WPA NO. 28860 of 2025. 2 5. A representation made by the petitioner is pending consideration at the end of the authority. 6. As receiving the provident fund and gratuity would be the statutory dues of a retired employee; accordingly, the employer would be duty bound to disburse the same immediately on retirement of the employee or soon thereafter. There ought not to have been any delay in disbursing the terminal dues of a retired employee. 7. In view of the above, the instant writ petition is disposed of by directing the Managing Director, CSTC to take steps to consider the prayer of the petitioner for releasing the balance amount of provident fund dues to the petitioner. 8. As the retired employee will receive the terminal dues after a considerable delay, accordingly, the amount shall be disbursed along with simple interest calculated at the rate of 6% p.a. from the next date of retirement till the date of actual payment within twelve weeks from the date of communication of this order. 9. As the petitioner received the gratuity at a belated date, she shall be entitled to simple interest on the gratuity amount calculated at the rate of six percent per annum which should be paid on and from the next date of retirement till the date actual payment. 10. The aforesaid amount shall be cleared within 3 twelve weeks from the date of communication of this order. 11. It is made clear that if the amount is not disbursed within the aforesaid time limit, then the petitioner would be entitled to receive 2% additional interest i.e. 6%+2% = 8% interest on the due amount calculated on and from the next date of retirement till the date of actual payment. 12. The writ petition stands disposed of. 13. Parties to act on the basis of the server copy of this order duly downloaded from the official website of this Court. 14. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities. (Reetobroto Kumar Mitra, J.)