Calcutta High Court
Shipra Bhattacharyya vs The State Of West Bengal & Ors on 18 September, 2025
Author: Aniruddha Roy
Bench: Aniruddha Roy
Form No. J(2)
N THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION
ORIGINAL SIDE
WPO 666 OF 2025
SHIPRA BHATTACHARYYA
VS.
THE STATE OF WEST BENGAL & ORS.
PRESENT :
THE HON'BLE JUSTICE ANIRUDDHA ROY
For the petitioner : Mr. Debdutta Basu, Adv.
Mr. Krishna Pada Santra, Adv.
For the State respondent : Mr. Dipanjan Datta, Ld. Sr. Govt. Adv.
Mr. Subhajit Chowdhury, Adv.
For the respondent nos. 2 to 5 (WBTC) : Mr. Niladri Bhattacharjee, Adv.
Ms. Poulami Chattopadhyay, Adv.
Ms. Deblina Chattoraj, Adv.
Heard on : September 18, 2025.
Judgment on : September 18, 2025.
ANIRUDDHA ROY,J :
1. Mr. Debdutta Basu, learned Advocate appears for the petitioner. Mr.
Dipanjan Datta, learned Senior State Counsel appears for the State
respondent. Ms. Deblina Chattoraj, learned Advocate appears for
respondent nos. 2 to 5.
2. The wife of the deceased employee is the petitioner herein. The
employee expired in harness while in services of Calcutta Tramways
Company (1978) Ltd. (in short, "CTC") now known as West Bengal
Transport Corporation (in short, "WBTC") on December 24, 2023.
The petitioner was paid his retiral benefits which included a sum of
Rs.11,66,240/- only on account of gratuity, Rs.4,90,526/- on
account Leave Salary on March 21, 2024 and a sum of
Rs.12,60,790/- on account of Provident Fund (in short PF) on
March 17, 2025. The petitioner is claiming interest on this sum for
delayed payment thereof.
3. The issue of payment of interest for delay in paying the retiral
benefits have been considered by the Hon'ble Supreme Court in a
recent judgment reported in (2022) 4 SCC 627 (Dr. A. Selvaraj v.
CBM College & Ors.). In the instant case, there is no fault on the
part of the petitioner for the delay in paying the retiral benefits as it
was the obligation of the employer to process the payment of retiral
benefits and pay the same within one month from the date of the
petitioner's retirement. Since the payment was not made within one
month, the interest will date back to the date immediately
succeeding the date of the petitioner's retirement.
4. In the aforesaid facts and circumstances, the respondents are
directed to pay interest to the petitioner at the rate of 6% per
annum of Rs.11,66,240/- and Rs.4,90,526/- from December 25,
2023 to March 21, 2024 and Rs.12,60,790/- from December 25,
2023 to March 17, 2025.
5. The rate of interest allowed is fair and reasonable and is at the rate
allowed by the Hon'ble Supreme Court in a recent judgment
reported in (2021) 11 SCC 543 (State of Andhra Pradesh and
another V. Dinavahi Lakshmi Kameswari).
6. The appropriate State authority is also directed to disburse and
release the fund in favour of the respondent nos. 2 to 5 positively
within a period of five weeks from the date of communication of this
order to enable the respondent nos. 2 to 5 to pay the petitioner in
turn within the time frame mentioned above.
7. Nothing further remains to be adjudicated in the matter.
8. The writ petition WPO/666/2025 stands disposed of.
9. The parties including the WBTC and its officers shall act on a server
copy of this order downloaded from the official website of this Court
without insisting upon production of a certified copy thereof.
10. Urgent photostat certified copy of this order, if applied for, be given
to the parties, upon compliance of necessary formalities.
(ANIRUDDHA ROY, J.)
Sbghosh
