Authority: High Court at Calcutta, Constitutional Writ Jurisdiction (Appellate Side)
Order Date: 10 September 2026
Case Overview
- Petitioner: Asis Kumar Das, a retired employee of the Calcutta State Transport Corporation (CSTC).
- Respondents: The State of West Bengal and other authorities.
- The petitioner retired on 28 February 2023, having served in a Group‑'C' post, and alleges that the employer deducted Rs.48,164 from his terminal leave encashment.
- He seeks a direction for the respondent authority to refund the deducted amount together with interest.
- The Court considered 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.
- The Court also relied on its own earlier order dated 21 May 2025 in WPA 6364 of 2025 (Asim Kumar Kundal vs. State of West Bengal & Ors.), where a similar deduction was ordered to be refunded with interest.
- The report filed by the respondent authority confirmed the deduction from the petitioner’s leave encashment.
Final Outcome
- The Managing Director of CSTC shall ascertain the exact amount due and, if found payable, disburse the refund along with simple interest at 6% per annum from the date of deduction until payment.
- The refund must be made within eight weeks from the date of communication of this order.
- Additionally, CSTC will pay interest at 6% per annum (the rate applicable to fixed deposits in nationalised banks for PF, gratuity, and leave salary) on any amount already paid, calculated from the date it accrued until actual payment.
- No order as to costs was made.
- Parties are directed to act on the server copy of this order downloaded from the official Court website; urgent certified copies may be obtained on priority.
Topics: Legal Dispute, Employee Benefits