Authority: High Court at Calcutta, Constitutional Writ Jurisdiction (Appellate Side)

Order Date: 29 July 2026

Case Overview

  • Petition: WPA 17186 of 2026 filed by Shankar Kumar Ghosh, a retired employee of Calcutta State Transport Corporation (CSTC).
  • Respondents: CSTC and others.
  • Background: The petitioner retired on 30 June 2025 and alleges non‑payment of his General Provident Fund (GPF) dues, as well as delayed gratuity and leave encashment.
  • The petitioner seeks payment of the entire GPF amount with interest from 1 July 2025 until actual payment.
  • The Court relied on its earlier order dated 29 June 2026 in WPA No. 12960 of 2026.

Observations & Reasoning

  • The Court notes that GPF is a statutory statutory due of a retired employee and must be disbursed immediately upon retirement.
  • Any delay in releasing terminal dues is impermissible.
  • The Court also acknowledges that the petitioner received gratuity and leave encashment at a belated date, warranting interest.

Directions Issued

1. The Managing Director of CSTC is directed to release the entire GPF amount to the petitioner.

2. The GPF amount shall be paid with simple interest at 6% per annum calculated from the retirement date (30 June 2025) up to the date of actual payment.

3. The gratuity and leave encashment amounts shall also attract simple interest at 6% per annum from the retirement date until actual payment.

4. All amounts must be cleared within twelve weeks from the date of communication of this order.

5. If CSTC fails to make the payment within the stipulated twelve‑week period, the interest rate shall increase to 8% per annum (6% + 2%) on the due amount, calculated from the retirement date until actual payment.

6. The writ petition is hereby disposed of.

7. Parties are to act on the basis of the server copy of this order downloaded from the official Court website.

8. A certified copy of the order will be supplied to the parties upon compliance with requisite formalities.

Final Outcome

  • CSTC is legally bound to pay the petitioner’s full GPF, gratuity, and leave encashment amounts with 6% simple interest, within twelve weeks; failure to do so triggers an increased interest rate of 8% per annum.

Topics: Provident Fund, Employee Benefits, Court Order