Calcutta High Court (Appellete Side)
Ashim Kumar Sen vs The State Of West Bengal & Ors on 12 December, 2014
Author: Harish Tandon
Bench: Harish Tandon
12.12.2014.
ap W. P. 32384 (W) of 2014 Ashim Kumar Sen Vs. The State of West Bengal & Ors.
Mr. Amit Banerjee Mr. Suranjan Mondal ... For the petitioner.
Mr. Jaladhi Das ... For the State.
Despite service there is no representation on behalf of the Calcutta State Transport Corporation.
The State is represented.
The petitioner was an employee of the Corporation and attained superannuation on and from 31st December, 2013. The petitioner alleges that in spite of having superannuated, the authorities have not released the gratuity, dearness allowance, arrear pay scale, increment, and leave salary. According to the petitioner, it is obligatory on the part of the authorities to release the gratuity and the leave salary on the date of retirement and having not paid the petitioner is entitled to compensation in the form of interest.
In absence of any representation on behalf of the Corporation, this Court is not in a position to arrive at the definite conclusion whether the petitioner is entitled to dearness allowance, arrear pay scale and increment.
So far as the gratuity and the leave salary is concerned, this Court finds that the petitioner is entitled to the same and the Corporation cannot be withheld without any justiciable cause.
The Managing Director of the said Corporation is directed to consider the entitlement of the petitioner pertaining to benefits other than the gratuity and leave salary and after being satisfied shall make a recommendation to the State Government within six weeks from the date of communication of this order. The State shall ensure the release of fund within four weeks from the date of receiving the recommendation from the Managing Director of the Corporation.
The State, while disbursing the entitlement of the petitioner, shall calculate the interest at the rate of 6% on gratuity and leave salary amount from the date of superannuation till its actual disbursement.
The writ petition is disposed of. No order as to costs.
Urgent photostat certified copy of this order, if applied for, be given to the learned advocates for the parties.
(Harish Tandon, J.)