Authority: Calcutta High Court (High Court at Calcutta)

Order Date: 10 September 2026

Case Overview

  • Parties: Petitioner – Asok Kumar Basu (retired employee of Calcutta State Transport Corporation, CSTC); Respondents – State of West Bengal and others, including CSTC.
  • Nature of Proceeding: Constitutional writ petition (WPA 4231 of 2026) seeking payment of full leave encashment.
  • Background: The petitioner alleges that only 75 days of leave encashment were paid, whereas a Government Order dated 17 September 2009 mandates payment for a maximum of 300 days of leave encashment.
  • Petitioner’s Reliance: Government Order of 17‑09‑2009 and prior judgments of this Court directing full payment of leave encashment.
  • CSTC’s Position: CSTC admits that the Government Order is applicable to the petitioner’s case.
  • Court’s Observations: Recognises the applicability of the 2009 Government Order and the petitioner’s entitlement to encashment for the balance period (225 days).

Final Outcome

  • The Managing Director of CSTC is directed to treat the writ petition as a representation for granting the complete leave encashment in accordance with the Government Order dated 17 September 2009.
  • A reasoned order must be passed and communicated to the petitioner within eight weeks from the date of this order.
  • If the petitioner's claim is upheld, CSTC shall release the due amount to the petitioner without further delay.
  • The writ petition is disposed of; no order as to costs.
  • An urgent photostat certified copy of this order may be supplied to parties upon compliance with requisite formalities.

Topics: Leave Encashment, Employment Law, Judicial Relief