UTTAM KUMAR SARKAR v. STATE OF WEST BENGAL AND ORS.
WPA/23971/2026 · 2026-09-16
Reetobroto Kumar Mitra
body2026
DailyLaw.ai
[ 2026 DAILYLAW 40936 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 40936 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
3399 1166..0099..22002266 sdas
W.P.A. 23971 of 2026
Uttam Kumar Sarkar VS. The State of West Bengal & Ors. Mr. Srinjay Sengupta, Mr. Ankush Ghosh, Mr. Prasenjit Jana
…for the Petitioner. Mr. Piush Chaturvedi, Sr. Adv. Ms. Smita Pal Mr. Swagatam Deb ….for the State. Mr. Soumyajit Ghosh, Adv. …for C.S.T.C.
1. Affidavit-of-service filed on behalf of the petitioner is taken on record. 2. Petitioner was an employee of Calcutta State Transport Corporation, who retired on superannuation on February 28, 2026. 3. It is submitted on behalf of the petitioner that petitioner was under contributory provident fund scheme. Leave salary and gratuity were paid to the petitioner not on the date of retirement but subsequently. Petitioner has made two-fold prayer; payment of entire unpaid provident fund dues and interest on retiral dues due to delayed payment. 4. Calcutta State Transport Corporation and State respondents are represented by learned advocates. 5. Having considered the case made out in this writ petition, Court finds it apt to direct the concerned
2 authority of Calcutta State Transport Corporation to pay entire unpaid provident fund dues to the petitioner by six (6) weeks from the date of communication of this order. 6. Since it is found that Calcutta State Transport Corporation caused delay in releasing retiral dues, said authority is directed to pay interest at the rate of 6 per cent per annum on leave salary, gratuity and provident fund dues from the date following the date of retirement till the date of payment of those amounts within a period of three (3) months from the date of communication of this order. 7. In the event concerned respondent authority fails to pay unpaid provident fund dues and interest on retiral dues in terms of the aforesaid directions within the stipulated time, respondent authority shall be required to pay 8 per cent interest per annum on deferred payment. 8. If it is required State respondents shall allot necessary fund for releasing benefit in favour of the petitioner as directed by this Court. 9. A case is also made out that petitioner is entitled to receive leave encashment benefits for 300 days but the respondent authority has paid leave encashment benefits against 180 days. 3
10.
Leave is also granted to the petitioner to make a representation to the Managing Director, Calcutta State Transport Corporation being respondent no.5 seeking consolidation of leave encashment benefits based on 300 days not against 180 days. 11. If such representation is made by fortnight from date, same shall be decided by the respondent no.5 by twelve weeks thereafter. 12. With the aforesaid directions writ petition stands disposed of. 13. Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertakings. (Reetobroto Kumar Mitra, J.)