Authority: High Court at Calcutta, Constitutional Writ Jurisdiction (Appellate Side)
Order Date: 31 July 2026
Case Overview
- Parties: Gouranga Chandra Sarkar (petitioner, retired employee of Calcutta State Transport Corporation) vs. The Calcutta State Transport Corporation (CSTC) and others.
- Background: The petitioner retired on attaining the normal age of superannuation on 30 November 2025. He alleges that only 20% of his Contributory Provident Fund (CPF) dues were paid to him.
- Allegation: The balance of CPF dues remains unpaid, constituting a delay in statutory terminal dues, which also include gratuity and leave encashment.
- Reference: The petition relies on an earlier order dated 29 June 2026 passed by this Court in WPA No. 12960 of 2026.
- Legal Position: Statutory dues of a retired employee must be disbursed immediately upon retirement; any delay is impermissible.
Final Outcome
- The writ petition is disposed of by directing the Managing Director of CSTC to release the balance amount of the CPF dues to the petitioner.
- The balance amount shall be paid with simple interest at 6% per annum calculated from the date of retirement (30 November 2025) up to the actual date of payment.
- The payment must be made within twelve weeks from the date of communication of this order.
- If the amount is not disbursed within the stipulated twelve‑week period, the petitioner is entitled to an additional 2% interest (total 8% per annum) on the due amount, calculated from the retirement date until actual payment.
- The petition stands disposed of.
- Parties are to act on the server copy of this order downloaded from the official website of the Court.
- A certified copy of the order will be supplied to the parties upon compliance with all requisite formalities.
Topics: Employee Benefits, Provident Fund, Court Order