Authority: Calcutta High Court
Order Date: 03 September 2026
Case Overview
- Parties: Petitioner Vibakananda Paul, a retired employee of Calcutta State Transport Corporation (CSTC), versus the State of West Bengal and other respondents including CSTC.
- Nature of Proceeding: Writ Petition (WPA/21834/2026) under the Constitutional Writ Jurisdiction, Appellate Side.
- Background: The petitioner retired on superannuation on 30 June 2025, having served in a Group‑C post. He alleges that CSTC deducted Rs.54,348 from his leave encashment (terminal dues) and failed to pay DA arrear and Increment arrear amounting to Rs.37,091.
- Legal Reliance: The petitioner relied on the Supreme Court judgment in State of Punjab & Ors. Vs. Rafiq Masih (White Washer) & Ors. (2015) 4 SCC 334, which held that recovery from retired employees is impermissible, and on the Calcutta High Court order dated 21 May 2025 in WPA 6364 of 2025 – Asim Kumar Kundal Vs. The State of West Bengal & Ors., where a similar deduction was ordered to be refunded with interest.
- Court Observations: The Court noted that the Supreme Court’s principle was applicable and that the same principle had been followed in the Asim Kumar Kundal case.
Final Outcome
- The petition is disposed of.
- The Managing Director of CSTC is directed to:
1. Refund Rs.54,348 to the petitioner with simple interest at 6% per annum, calculated from the date of deduction up to the date of refund, to be paid within eight weeks of the order’s communication.
2. Pay the pending amount of Rs.37,091 along with simple interest at 6% per annum.
- Parties are instructed to act on the server copy of the order downloaded from the official website of the Court.
- An urgent photostat certified copy of the order may be supplied to the parties upon compliance with requisite formalities.
Topics: Legal Dispute, Employee Benefits