Gopal Ch. Hazra @ Gopal Chandra Hazra vs The State Of West Bengal And Ors
2024 Latest Caselaw 3037 Cal/2

Calcutta High Court

Gopal Ch. Hazra @ Gopal Chandra Hazra vs The State Of West Bengal And Ors on 27 September, 2024

Author: Arindam Mukherjee

Bench: Arindam Mukherjee

OD-5                                                    ORDER SHEET

                      IN THE HIGH COURT AT CALCUTTA
                     CONSTITUTIONAL WRIT JURISDICTION

                              WPO/946/2024
                           IN THE MATTER OF :
                GOPAL CH. HAZRA @ GOPAL CHANDRA HAZRA
                                   VS
                  THE STATE OF WEST BENGAL AND ORS.

BEFORE:

The Hon'ble JUSTICE ARINDAM MUKHERJEE
Date: 27th September, 2024.

                                                                     APPEARANCE:
                                                            Mr. Debdutta Basu, Adv.
                                                                      For petitioner
                                                          Mr. Naba Kumar Das, Adv.
                                                             Mr. Suman Singh, Adv.
                                                                       For the State
                                                         Ms. Deblena Chattaraj, Adv.
                                                          Ms. Priyanka Kundu, Adv.
                                                           Respondent-Corporation.

The Court : Affidavit of service filed in Court today is taken on record.

The petitioner says that he retired from the service of Calcutta Tramways

Company (1978) Ltd. (in short "CTC") now known as West Bengal Transport

Corporation Limited (in short "WBTC") on 30 th April, 2023. The petitioner is

entitled to receive his retiral benefits which include the gratuity amount in

terms of the provision of Payment of Gratuity Act, 1972, the pension and leave

salary within a month from the petitioner's retirement. The petitioner's retiral

benefits were paid after seven months from the date of his retirement, the

petitioner is entitled to interest on such sums of money.

The petitioner has received the provident fund amount on 5 th September,

2023 and a sum of Rs. 11,67,744/- on account of the value of commuted

pension. The petitioner says that the petitioner is entitled to interest for the

delay in paying the provident fund amount and the commuted value of pension

the option whereof was given prior to his retirement.

Without going into the dispute as who was responsible for the delay and

to what extent by following the judgment in 2022 (4) SCC 627 ( Dr. A. Selvaraj

Vs. C.B.M. College and Others), I direct the respondents jointly and severally to

pay 6% interest on the principal sum on account of Provident Fund being Rs.

6,74,282/- for the period between 1 st May, 2023 to 5th September, 2023 and

6% interest on commuted value of the pension amount of Rs.11,67,744/- from

1st May, 2023 to 4th July, 2023.

The entire interest on account of delayed payment of Provident Fund

shall be paid to the petitioner within a period of four months from date, failing

which the interest will be 8.6% being the present rate of interest in respect of

Provident Fund. In default of paying the interest on the commuted value of

pension the principal sum under such head will attract interest @ 9% per

annum.

Nothing further remains to be adjudicated in this matter. Accordingly,

the writ petition stands disposed of.

(ARINDAM MUKHERJEE, J.)

sb/