Authority: High Court at Calcutta (Constitutional Writ Jurisdiction, Appellate Side)
Order Date: 13 August 2026
Case Overview
- Petitioner: Shambhu Debnath, retired employee of Calcutta State Transport Corporation (CSTC), retired on 30 April 2026 upon superannuation.
- Respondents: State of West Bengal and others, including CSTC (respondent No.5). Counsel for petitioner: Ms. Susmita Dey (Basu) and Mr. Kaustav Ghosh; counsel for CSTC: Mr. N.C. Bihani and Mr. Soumyajit Ghosh.
- Allegations: Petitioner received only 10 % of his provident fund (PF) dues; gratuity and leave encashment were paid belatedly. He seeks the balance PF amount with interest for delayed payment.
- Court’s observations: PF, gratuity and leave encashment are statutory terminal dues; employer must disburse them immediately on retirement. Delay is impermissible.
Order
- Managing Director of CSTC directed to release the balance PF dues to the petitioner.
- Amount to be paid with simple interest at 6 % per annum calculated from the day after retirement (31 April 2026) to the actual date of payment.
- Payment must be made within twelve weeks from the date of communication of this order.
- If payment is not made within the stipulated period, the petitioner is entitled to an additional 2 % interest (total 8 % per annum) calculated from the retirement date to actual payment.
- In case CSTC lacks sufficient funds, the State authorities are directed to disburse the amount in favour of the petitioner (respondent No.5).
Final Outcome
- The writ petition is disposed; petitioner is entitled to receive the remaining PF dues with interest as ordered.
Topics: Employee Benefits, Court Order, Provident Fund