Research › Search › Judgment

Calcutta High Court · body

2026 DAILYLAW 29066 (CAL)

SURESH MULLICK v. STATE OF WEST BENGAL AND ORS.

WPA/15366/2026 · 2026-07-20

Reetobroto Kumar Mitra

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

20/07 2026 AD/08/18 266312 NANDY (DO) In the High Court at Calcutta Constitutional Writ Jurisdiction Appellate Side WPA/15366/2026 SURESH MULLICK VS THE STATE OF WEST BENGAL & ORS. Ms. Susmita Dey (Basu), Advocate ……for the Petitioner Mr. N.C. Bihani, Sr. Advocate Mr. Soumyajit Ghosh, Advocate ……for the CSTC 1. Affidavit of service, as filed, be kept with the record. 2. The petitioner is a retired employee of Calcutta State Transport Corporation (CSTC). He retired from service on attaining his normal age of superannuation on 31.05.2024. 3. The petitioner alleges that he received only 20% of his provident fund dues. He also alleges that his gratuity was disbursed in his favour belatedly. The petitioner prays for interest on account of delayed payment of his terminal dues. 4. Reliance has been placed on an order dated May, 12, 2026 passed by this Court in WPA/8290/2026. 5. As the provident fund and gratuity are the statutory dues of a retired employee; the employer is 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. 6. In view of the above, I direct the Managing Director, CSTC to take steps to release the balance amount of provident fund dues to the petitioner. 7. 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% per annum from the next P a g e | 2 date of retirement till the date of actual payment within twelve weeks from the date of communication of this order. 8. As the petitioner received the gratuity at a belated date, he shall be entitled to simple interest on the gratuity amount calculated at the rate of 6% per annum which should be paid on and from the next date of retirement till the date actual payment. 9. The aforesaid amount shall be cleared within twelve weeks from the date of communication of this order. 10. 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. 11. With these afore-stated directions, the writ-petition stands disposed of. 12. Parties to act on the basis of the server copy of this order duly downloaded from the official website of this Court. (Reetobroto Kumar Mitra, J.) P a g e | 3