Authority: Calcutta High Court
Order Date: 14/10/2026
Case Overview
- Parties: petitioner Amal Kumar Banik (retired employee of Calcutta State Transport Corporation – CSTC) vs. State of West Bengal & others.
- Petition: WPA/4245/2026 filed under Constitutional Writ Jurisdiction (Appellate Side).
- Allegation: Only 180 days of leave encashment were paid, whereas the entitlement under the Government Order is up to 300 days.
- Statutory Reference: Government Order dated 17 September 2009 expressly provides that leave encashment up to 300 days shall be borne by the organization.
- Representation: The petitioner submitted a representation to CSTC on 22 May 2024 seeking payment of the balance leave encashment.
- CSTC Position: CSTC’s counsel admitted the applicability of the 2009 Government Order.
- Court References: The court noted prior judgments directing payment of full leave encashment in similar cases.
Directions
1. The Managing Director of CSTC is directed to consider the representation dated 22‑05‑2024 in light of the 17‑09‑2009 Government Order and to pass a reasoned order within eight weeks of this order.
2. The Principal Secretary, Department of Finance, is directed to take immediate steps to cause disbursal of the due amount to the petitioner if the petitioner's claim is accepted.
3. The writ petition is disposed of without any order as to costs.
4. An urgent certified copy of this order may be supplied to the parties upon compliance with requisite formalities.
Final Outcome
- The writ petition is disposed; CSTC is mandated to decide on the pending representation within eight weeks and, if the claim is upheld, to release the outstanding leave encashment without further delay.
Topics: Leave Encashment, Public Sector Employment, Judicial Relief