Rabin Das vs The State Of West Bengal And Ors
2025 Latest Caselaw 2043 Cal/2

Calcutta High Court

Rabin Das vs The State Of West Bengal And Ors on 26 August, 2025

Author: Aniruddha Roy

Bench: Aniruddha Roy

Form No. J(2)


                       IN THE HIGH COURT AT CALCUTTA
                      CONSTITUTIONAL WRIT JURISDICTION
                                ORIGINAL SIDE

                               WPO/545/2025
                                 RABIN DAS
                                    VS
                     THE STATE OF WEST BENGAL AND ORS.


PRESENT :
THE HON'BLE JUSTICE ANIRUDDHA ROY


 For the petitioners          :        :Mr. Debdutta Basu, Advocate




 For the State respondent              : Mr. Niladri Bhattacharjee, Advocate
 Nos. 2 to 5[WBTC]:                      Ms. Deblina Chattaraj, Advocate
                                         Ms. Poulami Chattopadhyay, Advocate


 For the State:                        : Mr. Santanu Kumar Mitra, Advocate
                                         Mr. Amartya Pal, Advocate

Heard on : August 26, 2025.

Judgment on : August 26, 2025.


ANIRUDDHA ROY,J. :

1. Mr. Debdutta Basu, learned Advocate appears for the petitioner. Mr.

Santanu Kumar Mitra, learned State Counsel appears for the State respondent.

Ms. Deblina Chattaraj, learned Advocate appears for 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 February 29, 2024 on attaining

the age of superannuation. The petitioner has been paid the provident fund

(PF) amount of Rs.4,24,670/- on February 20, 2025 after a delay of over

eleven 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

February 29, 2024 and as such is entitled to receive interest from March 1,

2024 to February 20, 2025.

4. In the aforesaid facts and circumstances, the petitioner is entitled to

receive interest on the said sum of Rs.4,24,670/- 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.4,24,670/-

was paid on February 20, 2025 and there is no dispute raised about the said

date of payment.

5. 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.4,24,670/- for the period between March 1,

2024 till February 20, 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.

6. 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.

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

the Writ Petition WPO/545/2025 stands disposed of.

(ANIRUDDHA ROY,J)

Sbghosh