Authority: High Court at Calcutta (Constitutional Writ Jurisdiction Appellate Side)
Order Date: 22/07/2026
Case Overview
- Parties: Petitioner Naba Kumar Saha, a retired employee of Calcutta State Transport Corporation (CSTC), versus the State of West Bengal & others.
- Nature of Proceeding: Constitutional writ petition seeking enforcement of leave encashment rights.
- Background: The petitioner alleges that, under the Government Order dated 17 September 2009, he is entitled to leave encashment for a maximum of 300 days. He has received payment only for 91 days.
- Legal References: The petitioner relied on the Government Order of 17‑09‑2009 which mandates payment of leave encashment up to 300 days, and on prior judgments of this Court directing similar payments.
- CSTC Position: The corporation’s counsel admitted the applicability of the Government Order.
Final Outcome
- The Court directed the Managing Director of CSTC to treat the writ petition as a representation for granting the full 300‑day leave encashment, in accordance with the 2009 Government Order.
- CSTC must issue a reasoned order within eight weeks from the date of communication of this order and communicate it to the petitioner.
- If the petitioner's claim is accepted, CSTC is to release the due amount without further delay.
- The writ petition is disposed of with no order as to costs.
- An urgent certified copy of the order may be supplied to parties upon compliance with formalities.
Topics: Leave Encashment, Transport Sector, Labor Rights