Authority: Calcutta High Court
Order Date: 07.07.26
Case Overview
- Parties: Petitioner Swapan Garai (retired employee of Calcutta State Transport Corporation - CSTC) vs. Respondent Calcutta State Transport Corporation, State of West Bengal & others.
- Nature of Proceeding: Writ Petition (WPA 4468 of 2026) seeking payment of pending statutory dues – provident fund, gratuity, and leave encashment.
- Allegations: Petitioner retired on 31 Oct 2025; alleges non‑receipt of provident fund dues and delayed payment of gratuity and leave salary.
- Observations: Court notes that statutory dues of a retired employee must be disbursed immediately upon retirement; any delay is impermissible.
Order Details
1. Managing Director of CSTC directed to release the petitioner’s provident fund dues.
2. Amount to be paid with simple interest at 6% per annum calculated from the retirement date (31 Oct 2025) to the actual date of payment.
3. Gratuity and leave encashment amounts also to attract simple interest at 6% per annum from the retirement date to actual payment.
4. All amounts must be cleared within twelve weeks from the date of communication of this order.
5. If payment is not made 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 to actual payment.
6. In case CSTC lacks sufficient funds at the time of disbursement, State authorities are directed to provide the required amount to the petitioner.
7. The writ petition is disposed of.
8. Parties to act on the basis of the server copy of this order downloaded from the official court website.
9. Certified copy of the order to be supplied upon compliance with requisite formalities.
Final Outcome
- CSTC must pay the petitioner’s provident fund, gratuity, and leave encashment with the stipulated interest rates within twelve weeks; failure triggers higher interest and possible State funding.
Topics: Provident Fund, Court Order, Employee Benefits