BRAJAGOPAL MONDAL v. STATE OF WEST BENGAL AND ORS.
WPA/25915/2026 · 2026-09-24
Reetobroto Kumar Mitra
body2026
DailyLaw.ai
[ 2026 DAILYLAW 43373 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 43373 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
24/09 2026
AD/23/18 266312 NANDY
(CO-DO)
In the High Court at Calcutta Constitutional Writ Jurisdiction Appellate Side
WPA/25915/2026
BRAJAGOPAL MONDAL VS THE STATE OF WEST BENGAL & ORS. Mr. Susmita Dey (Basu), Advocate Mr. Kaustav Ghosh, Advocate ……for the Petitioner Mr. Soumyajit Ghosh, Advocate ……for the CSTC Mr. Sanjay Karar, Advocate ……for the State
1. Affidavit of service, as filed, be kept with the record. 2. The petitioner is a retired employee of Calcutta State Transport Corporation (CSTC). He retired from service on 31.01.2024. 3. The petitioner alleges that he has received only 20% of his provident fund dues till date. He also alleges that his gratuity and leave salary was disbursed belatedly. The petitioner prays for the balance provident fund dues along with interest and interest on account of delayed payment of his terminal dues. 4. Reliance has been placed on an order dated January 15, 2026 passed by this Court in WPA/28860/2025. 5. As provident fund, gratuity and leave encashment are statutory dues of a retired employee; accordingly, the employer is duty bound to disburse the same immediately on retirement of the employee or soon thereafter. There ought not to have been any delay in
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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 balance provident fund dues to the petitioner. 7. As the retired employee will receive the terminal dues after some delay, the amount shall be disbursed along with simple interest calculated at the rate of 6% per annum from the date after the retirement till the date of actual payment within twelve weeks from the date of communication of this order. 8. 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 of actual payment. 9. In the event, at the time of disbursement, the authorities do not have sufficient funds, the State authorities are directed to disburse the concerned amount in favour of the respondent no.5. 10. The writ petition stands disposed of. 11.
Certified copy of this order, if applied for, be supplied to the parties upon compliance of requisite formalities. (Reetobroto Kumar Mitra, J.)
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