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Calcutta High Court · body

2026 DAILYLAW 34248 (CAL)

SUBASH RANJAN BHOWMIK v. STATE OF WEST BENGAL AND ORS.

WPA/19825/2026 · 2026-08-13

Reetobroto Kumar Mitra

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

14 13.08. 2026 Ct. No. 18 Ab IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE. WPA 19825 of 2026 Subhas Rajan Bhowmik Vs. The State of West Bengal and others. --------------- Ms. Susmita Dey (Basu), Mr. Kaustav Ghosh. … for the petitioner. Mr. Chandrachur Lahiri. … for the State. Mr. N.C. Bihani, Mr. Soumyajit Ghosh. … for the CSTC. 1. Let affidavit-of-service, as filed in Court, be kept on 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 April 30, 2026. 3. The petitioner alleges that he has received only 10% of his provident fund dues. He also alleges that his gratuity and leave salary was disbursed in his favour belatedly. 4. The petitioner prays for interest on account of delayed payment of his terminal dues. 5. Reliance has been placed on an order dated January 15, 2026 passed by this Court in WPA No.28860 of 2025. 6. Upon hearing the parties and on perusal of the 2 documents annexed to the writ petition, it appears that the petitioner has not made any representation before the authority prior to approaching this Court. 7. As provident fund, gratuity and leave encashment are 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. 8. In view of the above, the instant writ petition is disposed of by directing the Managing Director, CSTC to take steps for releasing the balance amount of provident fund dues to the petitioner. 9. As the retired employee will receive the terminal dues after some 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. 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 3 till the date of actual payment. 11.At the time of extending the benefits as aforestated towards provident fund, if required, the State authorities shall provide the necessary funds to the CSTC. 12.The writ petition is disposed of. 13.Certified copy of this order, if applied for, shall be made available to the parties. (Reetobroto Kumar Mitra, J.)