Samir Kumar Kundu vs The State Of West Bengal And Ors
2025 Latest Caselaw 2661 Cal/2

Calcutta High Court

Samir Kumar Kundu vs The State Of West Bengal And Ors on 18 September, 2025

Author: Aniruddha Roy

Bench: Aniruddha Roy

Form No. J(2)


                    IN THE HIGH COURT AT CALCUTTA
                   CONSTITUTIONAL WRIT JURISDICTION
                             ORIGINAL SIDE

                            WPO/546/2025
                         SAMIR KUMAR KUNDU
                                 VS
                  THE STATE OF WEST BENGAL AND ORS.


PRESENT :
THE HON'BLE JUSTICE ANIRUDDHA ROY


 For the petitioners             :Mr. Debdutta Basu, Advocate
                                  Mr. Krishna Pada Santra, Advocate




 For the State respondent
 Nos. 2 to 5[WBTC]               :Ms. Deblina Chattoraj, Advocate
                                  Ms. Poulami Chattopadhyay, Advocate
 For the State
                                 : Ms. Sonal Sinha, Advocate
                                 : Mr. Sandipan Das, Advocate
                                   Ms. Shabnaam Farooqui, Advocate




Heard on : September 18, 2025.

Judgment on : September 18, 2025.


ANIRUDDHA ROY,J. :

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

Sonal Sinha, learned State Counsel appears for the State respondent. Ms.

Deblina Chattoraj, 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 May 31, 2024 on attaining the age

of superannuation. The petitioner has been paid the provident fund (PF)

amount of Rs.31,37,736/- on May 13, 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

May 31, 2024 and as such is entitled to receive interest from June 1, 2024 to

May 13, 2025.

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

receive interest on the said sum of Rs.31,37,736/- 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.31,37,736/- was paid on May 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.31,37,736/- for the period between June 1,

2024 till May 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 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/546/2025 stands disposed of.

(ANIRUDDHA ROY,J)

Sbghosh