Authority: Calcutta High Court (High Court at Calcutta)
Order Date: 15 July 2026
Case Overview
- Parties: Prasanta Kumar Bose (petitioner) vs. State of West Bengal & others (respondents), including Calcutta State Transport Corporation (CSTC) as respondent no.5.
- Background: Bose retired from CSTC on 31 March 2023; alleges delayed receipt of gratuity and leave salary and that his pension lacks the dearness allowance (DA) component. He relies on prior judgment WPA/29126/2024 (Prosun Talukdar) which held retired employees entitled to gratuity and pension including DA per Transport Department memoranda.
- Legal Issue: Applicability of DA in pensionable gratuity and entitlement to interest on delayed terminal benefits.
Court Findings & Directions
- The court directs the Managing Director of CSTC to disburse the DA component to the petitioner in accordance with memoranda dated 04.09.2025 and 14.01.2026, within twelve weeks of the order.
- Interest on delayed payment of gratuity and leave salary to be paid at 6% per annum, calculated from the date of retirement (31 March 2023) to actual payment, payable within twelve weeks.
- If CSTC fails to comply within the stipulated period, the interest rate increases to 8% simple interest (6% + 2%) for the same period.
- No costs awarded; the writ petition is disposed.
Final Outcome
- The writ petition is disposed with the above directives; CSTC must comply within twelve weeks or face higher interest liability.
Topics: Pension, Dearness Allowance, Court Order