Md. Nasimul Haque vs The State Of West Bengal And Ors
2025 Latest Caselaw 206 Cal/2

Calcutta High Court

Md. Nasimul Haque vs The State Of West Bengal And Ors on 1 July, 2025

Author: Aniruddha Roy

Bench: Aniruddha Roy

                      IN THE HIGH COURT AT CALCUTTA
                     CONSTITUTIONAL WRIT JURISDICTION
                               ORIGINAL SIDE

                               WPO 356 OF 2025

                            MD. NASIMUL HAQUE
                                    VS.
                     THE STATE OF WEST BENGAL AND ORS


PRESENT :
THE HON'BLE JUSTICE ANIRUDDHA ROY


For the petitioner                        : Mr. Debdutta Basu, Adv.

For the State respondent                  : Mr. Wasim Ahmed, Adv.

Md. Ziaur Rahaman, Adv.

For the respondent nos. 2 to 5 (WBTC) : Mr. Niladri Bhattacharjee, Adv.

Ms. Poulami Chattopadhyay, Adv.

Heard on : July 1, 2025.

Judgment on : July 1, 2025.

ANIRUDDHA ROY, J. :-

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

Ziaur Rahaman, led by Mr. Wasim Ahmed, learned State Counsel

appears for the State respondent. Ms. Poulami Chattopadhyay, led by

Mr. Niladri Bhattacharjee, 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 January 31, 2024

on attaining the age of superannuation. The petitioner has been paid the

provident fund (PF) amount of Rs.44,83,576/- on February 13, 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 without accrued interest on

February 13, 2025 and as such is entitled to receive interest from

February 1, 2024 to February 13, 2025.

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

receive interest on the said sum of Rs.44,83,576/- 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.44,83,576/- was paid on February 13, 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.44,83,576/- for the period between

February 1, 2024 till February 13, 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 are 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/356/2025 stands disposed of.

(ANIRUDDHA ROY, J)

Sbghosh/RS