Authority: High Court of West Bengal, Court No.18
Order Date: 15 October 2026
Case Overview
- Petitioner: Rupa Mukhrjee, widow of a retired Calcutta State Transport Corporation (CSTC) employee who died on 06‑05‑2025.
- Respondents: State of West Bengal & others; CSTC represented by counsel.
- Allegations: Only 20 % of the deceased’s provident fund (PF) was paid; gratuity was paid late; Rs 28,605 was deducted from sanctioned gratuity as alleged over‑payment without hearing.
- Legal basis: Court relied on its earlier order (WPA No.28860 of 2025) and Supreme Court judgment in State of Punjab & Ors. vs. Rafiq Masih (2015) 4 SCC 334, which bars recovery of terminal benefits on over‑payment grounds.
Final Outcome
- CSTC Managing Director ordered to release the remaining 80 % of PF dues to the petitioner.
- Simple interest of 6 % per annum to be calculated from the retirement date to actual payment for both PF and gratuity amounts; if payment not made within twelve weeks of the order, interest rises to 8 % per annum.
- CSTC to refund the deducted Rs 28,605 from gratuity by 15 Nov 2026, with 6 % interest from the date of recovery to actual payment.
- All amounts must be cleared within twelve weeks of the order’s communication; failure to do so triggers the higher interest rate.
- The writ petition is disposed of.
Topics: Employee Benefits, Court Order, Interest on Dues