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2026 DAILYLAW 27997 (CAL)

RABIN GHOSH DASTIDAR v. STATE OF WEST BENGAL AND ORS.

WPA/14669/2026 · 2026-07-15

Reetobroto Kumar Mitra

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

15/07 2026 AD/10/18 266312 NANDY (IG-DO) In the High Court at Calcutta Constitutional Writ Jurisdiction Appellate Side WPA/14669/2026 RABIN GHOSH DOSTIDAR VS THE STATE OF WEST BENGAL & ORS. Mr. Manas Kumar Ghosh, Advocate Ms. Susmita Dey (Basu), Advocate Mr. Kaustav Ghosh, Advocate Mr. Antarik Dawn, Advocate ……for the Petitioner Mr. N.C. Bihani, Sr. Advocate Mr. Soumyajit Ghosh, Advocate ……for the CSTC Mr. Lokenath Chatterjee, Advocate Mr. Saikat Dey, Advocate ……for the State 1. Affidavit-of-service, as filed, is taken on record. 2. Petitioner was an employee of Calcutta State Transport Corporation, who retired on superannuation on February 28, 2026. 3. It is submitted on behalf of the petitioner that petitioner was under Contributory Provident Fund Scheme and after retirement 10% of provident fund due was paid to the petitioner belatedly. Likewise, gratuity was also paid to the petitioner not on the date of retirement but subsequently. 4. Petitioner has made two-fold prayer; payment of 90% unpaid provident fund dues and leave salary and interest on retiral dues due to delayed payment. 5. Calcutta State Transport Corporation is represented by Mr. Bihani, learned senior Advocate. 6. Having considered the case made out in this writ- petition, this Court finds it apt to direct the concerned authority of Calcutta State Transport Corporation to pay 90% unpaid provident fund dues and leave salary to the petitioner by six (6) weeks from the date of communication of this order. P a g e | 2 7. Since it is found that Calcutta State Transport Corporation caused delay in releasing retiral dues, the said authority is directed to pay interest at the rate of 6% per annum on leave salary, gratuity and provident fund dues from the date following the date of retirement till the date of payment of those amounts within a period of three (3) months from the date of communication of this order. 8. In the event, the concerned respondent authority fails to the unpaid provident fund dues, leave salary and interest on retiral dues in terms of the afore-stated directions within the stipulated time, the respondent authority shall be required to pay 8% interest per annum on deferred payment. 9. With the afore-stated directions, the writ-petition is disposed of. No order as to costs. 10. Urgent Photostat Certified Copy of this order, if applied for, be given to the parties, upon usual undertakings. (Reetobroto Kumar Mitra, J.)