Authority: High Court at Calcutta (Constitutional Writ Jurisdiction)

Order Date: 10 September 2026

Case Overview

  • Petitioner: Biswajit Pal, retired employee of Calcutta State Transport Corporation (CSTC).
  • Respondents: The State of West Bengal and others.
  • Case Number: Ct. No. 18, WPA 4214 of 2026.
  • Counsel for Petitioner: Ms. Susmita Dey (Basu), Mr. Kaustav Ghosh, Mr. Antarik Dawn.
  • Counsel for CSTC: Mr. N. C. Bihani, Mr. Soumyajit Ghosh.
  • Nature of Petition: Writ petition seeking full payment of leave encashment entitlement.
  • Allegations: Petitioner received encashment for only 180 days, whereas the Government Order dated 17 September 2009 provides for a maximum of 300 days. He claims payment for the proportionate increase up to 120 days is due.
  • Legal References: The petitioner relied on the Government Order (09/09/2009) and prior judgments of this Court directing full leave encashment.
  • CSTC Position: The corporation admitted the existence of the Government Order.

Court Directions

1. The affidavit of service filed on the day of the hearing is taken on record.

2. The Managing Director of CSTC is directed to treat the writ petition as a representation for granting the complete 300‑day leave encashment, in accordance with the Government Order of 17‑Sep‑2009.

3. A decision must be communicated within eight (8) weeks from the date of this order, accompanied by a reasoned order addressed to the petitioner.

4. Should the petitioner’s claim be upheld, CSTC is ordered to release the due amount without further delay.

5. The writ petition is hereby disposed of. No order as to costs.

6. An urgent photostat certified copy of this order may be supplied to the parties upon compliance with requisite formalities.

Final Outcome

  • The High Court has mandated CSTC to consider and decide the petitioner’s claim for full leave encashment (up to 300 days) within eight weeks, issue a reasoned order, and, if the claim is accepted, promptly release the outstanding amount. The petition is dismissed with no costs awarded.

Topics: Leave Encashment, Court Order