GOPAL MUKHERJEE v. THE STATE OF WEST BENGAL AND ORS.
WPA/21498/2026 · 2026-08-28
Reetobroto Kumar Mitra
body2026
DailyLaw.ai
[ 2026 DAILYLAW 36621 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 36621 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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28.08. 2026
Ct. No. 18
sdas
WPA 21498 of 2026
Gopal Mukherjee Vs. The State of West Bengal and others. ---------------
Ms. Susmita Dey (Basu), … for the petitioner.
Mr. Subit Majumdar Mr. Yudhisthir Maity … for the State.
Mr. Soumyajit Ghosh. … for the CSTC
1. Affidavit of service filed in Court today is taken 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 November 30, 2025.
3. The petitioner alleges that he has not received his provident fund dues. He also alleges that his gratuity and leave salary 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 No.. 8290 of 2026.
5. As receiving the provident fund, gratuity and leave encashment would be the statutory dues of a retired employee; accordingly, the employer would be duty bound to disburse the same immediately on
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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, the instant writ petition is
disposed of by directing the Managing Director, CSTC to take steps to release the entire 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 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 and leave encashment at a belated date, he shall be entitled to simple interest on the gratuity and leave encashment 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
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of actual payment.
11. 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.
13. Certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.
(Reetobroto Kumar Mitra, J.)