Calcutta High Court (Appellete Side)
Nihar Ranjan Sarkar vs State Of West Bengal & Ors on 23 June, 2015
Author: Biswanath Somadder
Bench: Biswanath Somadder
23.6.2015.
ap W. P. 12262 (W) of 2015 Nihar Ranjan Sarkar Vs. State of West Bengal & Ors.
Mr. Biswadeb Ray Chaudhuri ... For the petitioner.
Mr. Niladri Bhattacharjee Mr. Arnab Dutta Mr. Abhishek Mitra ... For the CTC.
Let the affidavit-of-service filed in Court today be taken on record.
Having heard the learned advocates for the parties and upon perusing the instant writ petition, it appears that the writ petitioner has approached this Court essentially seeking release of his retiral dues - in the form of gratuity and leave salary.
There cannot be any plausible or justifiable reason as to why the petitioner has not been paid his retiral dues, till date.
In such circumstances, the writ petition is disposed of, at this stage itself, with a direction upon the competent authority of the Calcutta Tramways Company (1978) Ltd. to ensure that the entire retiral dues of the petitioner - in the form of gratuity and leave salary - are released, preferably within a period of six weeks, but not later than twelve weeks from the date of communication of a photostat certified copy of this order.
In addition, the petitioner will be entitled to interest for delayed payment of his dues, to be calculated at the rate of seven per cent per annum from the date of his retirement till actual payment of his dues, if such payment is made within six weeks from date of communication of a photostat certified copy of this order. In the event, the petitioner's dues are not released within the timeframe as stated above, he will be paid interest at the rate of 10 per cent per annum to be calculated from the date of his retirement till actual payment of his dues.
Urgent photostat certified copy of this order, if applied for, be given to the learned advocates for the parties.
(Biswanath Somadder, J.)