Authority: Calcutta High Court (High Court at Calcutta, Constitutional Writ Jurisdiction Appellate Side)
Order Date: 22 July 2026
Case Overview
- Parties: Petitioner – Anjan Kumar Basu, retired employee of Calcutta State Transport Corporation (CSTC); Respondents – State of West Bengal & others, including CSTC.
- Nature of Proceeding: Constitutional writ petition (WPA/23200/2025) seeking enforcement of leave encashment rights.
- Allegations: The petitioner alleges that he received leave encashment for only 180 days, whereas the Government Order dated 17 September 2009 mandates payment for a maximum of 300 days. He seeks payment for the remaining period up to 300 days, specifically a proportionate increase for up to 120 days.
- Petitioner’s Reliance: Government Order of 17‑09‑2009 specifying the 300‑day entitlement and prior judgments of this Court directing full payment of leave encashment in similar cases.
- CSTC’s Position: The corporation admits the existence of the Government Order referenced by the petitioner.
Court Observations & Directions
- The Court acknowledges the Government Order and the petitioner’s entitlement under it.
- The Managing Director of CSTC is directed to treat the writ petition as a representation for granting the complete leave encashment as per the 2009 Government Order.
- The MD must take a decision and communicate a reasoned order to the petitioner within eight weeks of this order’s communication.
- If the petitioner’s claim is upheld, CSTC must release the due amount without further delay.
- The writ petition is disposed of with no order as to costs.
- An urgent photostat certified copy of the order may be supplied to parties upon compliance with requisite formalities.
Final Outcome
- The High Court orders CSTC to decide on full leave encashment within eight weeks and to release any payable amount if the claim is validated. The petition is dismissed without costs.
Topics: Leave Encashment, Public Transport Employment