Authority: High Court at Calcutta (Writ Jurisdiction Appellate Side)

Order Date: 22 September 2026

Case Overview

  • Petitioner: Mr. N.C. Bihani, represented by Advocates Srinjay Sengupta, Ankush Ghosh, Prasenjit Jana, Sagnik Sinha Roy.
  • Respondents: State of West Bengal and others, represented by Advocates including Biswanath Banerjee; Respondent No.5 is the Managing Director of CSTC.
  • The petition seeks payment of leave encashment amount corresponding to 180 days of leave for the petitioner, a retired officer of CSTC.
  • An earlier order dated 22 May 2025 directed Respondent No.5 to decide the claim; the decision was rendered on 16 July 2025, specifying the petitioner’s entitlement.
  • The entitlement has not been challenged in any forum, and the payment remains unpaid.

Court Directions

1. Respondent No.5 (Managing Director) shall write afresh to the Finance Department requesting release of funds to enable CSTC to pay the retiree’s benefits.

2. The Principal Secretary, Department of Finance, is directed to take immediate steps to cause the disbursal of the amount in favour of Respondent No.5.

3. Upon receipt of the finance department’s approval, Respondent No.5 must release the payment to the petitioner within two weeks.

4. The writ petition is disposed of without any order as to costs.

5. All parties are instructed to act on a server copy of this order downloaded from the official website of the Court.

Final Outcome

  • The Court mandates the release of the petitioner’s 180‑day leave encashment, obligating the Finance Department and the Managing Director to ensure payment within the stipulated timeframe, and closes the petition.

Topics: Judicial Order, Retirement Benefits, Government Payment