Swapan Kumar Ballav vs The State Of West Bengal & Ors
2025 Latest Caselaw 314 Cal/2

Calcutta High Court

Swapan Kumar Ballav vs The State Of West Bengal & Ors on 8 July, 2025

Author: Aniruddha Roy

Bench: Aniruddha Roy

Form No. J(2)


                        N THE HIGH COURT AT CALCUTTA
                      CONSTITUTIONAL WRIT JURISDICTION
                                ORIGINAL SIDE

                                   WPO 190 OF 2025

                            SWAPAN KUMAR BALLAV
                                     VS.
                       THE STATE OF WEST BENGAL & ORS.


PRESENT :
THE HON'BLE JUSTICE ANIRUDDHA ROY


For the petitioner                            : Mr. Debdutta Basu, Adv.


For the State respondent                      : Mr. Naba Kumar Das, Adv.
                                                Ms. Suman Singh, Adv.


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



Heard on : July 8, 2025.

Judgment on : July 8, 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 Chjattoraj, learned Advocate appears for

respondent nos. 2 to 5.

2. The petitioner retired form 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.19,18,698/- on December 16, 2024

after a delay of over twelve months. The petitioner has sought for

interest on delayed payment of PF amount.

3. The petitioner has received the PF amount without accrued interest uptil

31.01.2024 and as such is entitled to receive interest from 1st February

2023 to 16th December, 2024.

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

receive interest on the said sum of Rs.19,18,698/- 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.19,18,698/- was paid on 16th December, 2024 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.19,18,698/- for the period between 1st

February, 2024 till 16th December, 2024. 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 Authority 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/190/2025 stands disposed of.

8. Urgent photostat certified copy of this order, if applied for, be given to the

parties, upon compliance of necessary formalities.

(ANIRUDDHA ROY, J.)

S.De