Authority: Calcutta High Court

Order Date: 28.08.2026

Case Overview

  • Parties: Petitioner – Debojyoti Das; Respondents – The State of West Bengal & Ors., including West Bengal Transport Corporation (WBTC).
  • Nature of Proceeding: Writ petition (WPA 22319 of 2026) seeking redress for delayed death benefits after the death of the petitioner's father, a former WBTC employee, on 25 September 2024.
  • Key Dates & Payments: Death gratuity and leave encashment were paid on 27 January 2025; Provident Fund was paid on 15 October 2025, indicating considerable delay.
  • Allegations: The petitioner claimed entitlement to interest on the delayed benefits due to the prolonged period between the date of death and actual payment.
  • Court Observations: The Court recognized the delay and affirmed the petitioner’s right to interest on the death gratuity, leave encashment, and provident fund.

Final Outcome

  • The Court directs the concerned authority of WBTC to pay interest at 6% per annum on death gratuity, provident fund, and leave encashment from the day following the death (26 September 2024) up to the actual date of payment, to be effected within three months from the date of communication of this order.
  • In case of default in payment of the stipulated interest, the respondent authority shall be liable to pay interest at 8% per annum on the death benefits.
  • The State respondents may provide funds to WBTC to facilitate the payment of interest as directed.
  • The writ petition is disposed of with no order as to costs.
  • An urgent photostat certified copy of the order may be supplied to parties upon compliance with requisite formalities.

Topics: Employee Benefits, Interest on Delayed Payments