DIPAK KANTI BASU v. THE STATE OF WEST BENGAL AND ORS
WPO/63/2026 · 2026-03-05
Amrita Sinha
body2026
DailyLaw.ai
[ 2026 DAILYLAW 3335 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 3335 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
OD-2
ORDER SHEET
IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE
WPO No.63 of 2026
DIPAK KANTI BASU VS THE STATE OF WEST BENGAL & ORS.
BEFORE:
The Hon'ble JUSTICE AMRITA SINHA Date: 5th March, 2026. Appearance:- Mr. Debdutta Basu, Adv. Ms. Soumalika Nandan, Adv. …for the Petitioner. Ms. Deboleena Ghosh, Adv. ...for the State. Ms. Deblina Chattaraj, Adv. Ms. Poulami Chattopadhyay, Adv. …for WBTC Ltd.
1. The matter is heard in the presence of the learned advocates representing the petitioner, West Bengal Transport Corporation Limited (hereinafter referred to as ‘Corporation’) and the State respondents. 2. Learned advocate representing the petitioner submits that the petitioner retired on superannuation from the Corporation on 31st October, 2025. Though other retrial dues were paid to the petitioner within time, but Provident Fund dues were released in favour of the petitioner on 18th November, 2025. 3. The petitioner prays for interest on account of delay in releasing the Provident Fund dues. 2
4. It is settled law that the right of a retired employee to get his retiral dues on the date of attaining superannuation is a valuable right which accrues in his favour on the date of his attaining superannuation. Retiral dues are no more considered to be a bounty to be handed out by the State at its whim. An employee has a statutory right to receive such payment upon retirement. If payment is delayed, the retired employee is surely entitled to get some interest for such delayed payment. 5. In the present case, it was the bounden duty of the employer to disburse the Provident Fund amount on the due date. As the employer has failed to do so and has released such amount after unexplained delay, the employer is obliged to pay interest to the retired employee. 6. In view of the above, I direct the concerned authority of the Corporation and the State respondents to pay to the petitioner simple interest at the rate of 6% per annum on Provident Fund dues calculated on and from the next date of retirement till the date of actual payment within a period of four months from the date of communication of this order. 7. In default of paying interest to the petitioner in terms of the aforesaid direction, the concerned respondent authority shall be liable to pay additional simple interest at the rate of 2% i.e. 6+2= 8% on Provident Fund dues. 8. The writ petition stands disposed of. 9.
Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of necessary formalities. (AMRITA SINHA, J.) nm