Moloy Kumar Sarkar Entitled to Full Leave Encashment

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

Order Date: 10 September 2026

Case Overview

• Parties: Petitioner: Moloy Kumar Sarkar, a retired employee of the Calcutta State Transport Corporation (CSTC). Respondents: The State of West Bengal and others, including CSTC.
• Nature of Proceeding: Writ Petition (WPA 4224 of 2026) seeking payment of leave encashment for the period beyond 165 days, up to the statutory maximum of 300 days.
• Allegations: The petitioner contended that, although the Government Order dated 17 September 2009 mandates leave encashment for a maximum of 300 days, he received encashment for only 165 days.
• Legal References: The petitioner relied on the 2009 Government Order and prior judgments of this Court directing full payment of leave encashment where applicable. CSTC counsel acknowledged the applicability of the Government Order to the present case.

Final Outcome

• The Court directed the Managing Director of CSTC to treat the writ petition as a representation for granting the complete leave encashment in accordance with the Government Order of 17 September 2009.
• CSTC must issue a reasoned order within eight weeks from the date of communication of this order and communicate it to the petitioner.
• If the petitioner's claim is accepted, CSTC is ordered to release the due amount to the petitioner without any further delay.
• The writ petition is hereby disposed of. No order as to costs.
• An urgent photostat certified copy of the order may be supplied to the parties upon compliance with requisite formalities.

Topics: Leave Encashment, Public Transport Employment