Authority: High Court at Calcutta (Constitutional Writ Jurisdiction Appellate Side)
Order Date: 14 October 2026
Case Overview
- Parties: Siddheshwar Ghosh (Petitioner, retired employee of Calcutta State Transport Corporation) vs. The State of West Bengal & Others (Respondents).
- Nature of Proceeding: Writ petition (WPA/4242/2026) seeking payment of leave encashment.
- Allegation: Petitioner received leave encashment for only 89 days, whereas entitlement under the applicable scheme is up to 300 days; the balance of 211 days remains unpaid.
- Legal Basis Cited: Government Order dated 17 September 2009, which expressly provides that payment of leave encashment up to 300 days shall be borne by the organization.
- Court Observations: The Court noted the petitioner’s reliance on the 2009 Government Order and on prior judgments where full leave encashment was ordered. The CSTC 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 complete leave encashment in accordance with the Government Order and to render a reasoned decision within eight weeks of this order.
- The Principal Secretary, Department of Finance, was directed to take immediate steps to ensure disbursal of the amount to the petitioner if the petitioner's claim is upheld.
- The Court ordered that, upon acceptance of the petitioner's prayer, the necessary steps for releasing the due amount be taken without further delay.
- The writ petition was disposed of; no order as to costs was made.
- Parties may obtain an urgent photostat certified copy of the order upon compliance with requisite formalities.
Topics: Leave Encashment, Labor Dispute, Judicial Order