Calcutta High Court
Prasanta Ganguly vs The State Of West Bengal And Ors on 19 August, 2025
Author: Aniruddha Roy
Bench: Aniruddha Roy
Form No.J(2)
2025:CHC-OS:154
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION
ORIGINAL SIDE
WPO/483/2025
PRASANTA GANGULY
VS
THE STATE OF WEST BENGAL AND ORS
PRESENT :
THE HON'BLE JUSTICE ANIRUDDHA ROY:
For the petitioner : Mr. Debdutta Basu, Advocate
For the respondent nos. 2 : Mr. Niladri Bhattacharjee, Adv.(vc)
to 5 Ms. Deblina Chattoraj, Adv.
Ms. Poulumi Chattopadhyay, Adv.
For the State respondent : Sk. Md. Galib, Sr. Govt. Adv.
Ms. Priyamvada Singh, Adv.
Heard on : 19.08.2025
Judgment on : 19.08.2025
ANIRUDDHA ROY,J. :
1. Mr. Debdutta Basu, learned Advocate appears for the petitioner.
Mr. Naba Kumar Das, learned State Counsel appears for the
State respondent. Ms. Deblina Chattoraj, learned Advocate
appears for the respondent nos. 2 to 5.
2. The petitioner 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 March 31,
2024 on attaining the age of superannuation. The petitioner has
2025:CHC-OS:154
been paid the provident fund (PF) amount of Rs.12,73,003/- on
April 24, 2025 after a delay of over 13 months. The petitioner
has sought for interest on delayed payment of PF amount.
3. The petitioner has received the PF amount with accrued interest
uptil March 31, 2024 and as such is entitled to receive interest
from 1st April, 2024 to 24th to April, 2025.
4. In the aforesaid facts and circumstances, the petitioner is
entitled to receive interest on the said sum of Rs.12,73,003/- for
delay in paying the same as the respondents have derived benefit
out of such money while the petitioner was deprived of the
benefit on the money having not been paid immediately upon the
same fell due. The petitioner says that the said sum of Rs.
12,73,003/- was paid on April 24, 2025 and there is no dispute
raised about the said date of payment.
5. Mr. Niladri Bhattacharjee, learned Advocate appearing for
WBTCL submits that pursuant to the direction of a coordinate
Bench in another writ petition, the issue with regard to the
delayed payment has been taken up for a detailed deliberation by
and between the Secretaries of the Transport and Finance
Department of this State. At present, no final result has yielded
on such deliberation. The process is on motion.
6. Ms. Priyamvada Singh, learned counsel appearing for State,
submits that she has not received any instruction with regard to
such deliberation on the issue.
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7. Be that as it may, the pendency of deliberation on the issue shall
not throw the retired employee in a limbo when his legitimate
right is infringed.
8. Without going into the dispute as who was responsible for the
delay and to what extent, I direct the respondents jointly and
severally to pay 6% interest on the entire sum of Rs.12,73,003/-
for the period between 1st April 2024 till April 24, 2025. 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.
9. It is needless to mention that the appropriate State Authorities is
also directed to disburse and release the necessary fund in
favour of the respondent no. 2 for making necessary payment on
account of interest in favour of the petitioner.
10. Nothing further remains to be adjudicated in this matter.
Accordingly, the Writ Petition WPO/483/2025 stands disposed
of.
(ANIRUDDHA ROY,J)
JM
