SUNIL CHANDRA DEY v. STATE OF WEST BENGAL AND ORS.
WPA/4257/2026 · 2026-09-10
Reetobroto Kumar Mitra
body2026
DailyLaw.ai
[ 2026 DAILYLAW 39206 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 39206 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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10.09. 2026
Ct. No. 18
Ab
IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE
WPA 4257 of 2026
Sunil Chandra Dey Vs. The State of West Bengal and others. ---------------
Ms. Susmita Dey (Basu), Mr. Kaustav Ghosh, Mr. Antarik Dawn. … for the petitioner.
Mr. N. C. Bihani, Mr. Soumyajit Ghosh. … for the CSTC.
1. The affidavit of service filed today is taken on record.
2. The petitioner is a retired employee of the Calcutta State Transport Corporation (CSTC). His allegation is that leave encashment which is available for a maximum period of 300 days has not been paid to him fully, except only for a period of 180 days. The payment for the balance period of 120 days is due and payable.
3. A representation seeking payment of the balance amount is pending consideration before the Managing Director of CSTC.
4. Learned Counsel for the petitioner refers to the Government Order dated September 17, 2009 which clearly specifies payment of leave encashment up to 300 days to be borne by the organization.
5. The petitioner also relies upon various orders passed
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by this Court in similar matters where directions have been passed for taking a decision for payment of leave encashment for the full period.
6. Learned Counsel for CSTC admits the Government Order which has been relied upon by the petitioner, is applicable in this case.
7. In view thereof, the instant writ petition is disposed of by directing the Managing Director of CSTC to consider the petitioner’s representation for grant of complete leaver encashment in the light of the Government Order dated September 17, 2009 and take a decision at the earliest but positively within a period of eight weeks from the date of communication of this order. A reasoned order shall be passed and communicated to the petitioner.
8. In the event the petitioner’s prayer is accepted, then necessary steps for releasing the due amount in favour of the petitioner shall be taken without any further delay.
9. All parties shall act on the basis of a server copy of this order duly downloaded from the official website of this Court.
10. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.
(Reetobroto Kumar Mitra, J.)
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