ARUN DEY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE petitioner in this WP under art.226 dated September 12, 2012 is alleging that for undisclosed reasons the respondents liable to pay him salary arrears, gratuity, leave salary, etc. and not disputing his entitlement and their liability have not paid the benefits.

(2.) IT is not disputed that the petitioner retired from services of Calcutta State Transport Corporation (in short CSTC) on February 28, 2011, and that CSTC incurred an obligation to pay him gratuity, leave salary, etc. on March 1, 2011. Nor is it disputed that CSTC has not paid him the benefits. Mr Ghosh appearing for the petitioner submits that he has instructions not to press the salary arrears issue in this WP and to seek liberty to raise the issue, if necessary, with CSTC. In view of this submission, I think I can take up the WP, for I have determination with respect to the other issues.

(3.) IN my opinion, CSTC should be ordered to pay the petitioner all the benefits to which he is entitled. The relied on Division Bench decision does not entitle CSTC to withhold the benefits or pay them in the manner it wishes. It is liable to pay interest. I think interest, if ordered at the rate of 7% p.a., will be fair and reasonable. For these reasons, I dispose of the WP directing CSTC to pay the petitioner gratuity, leave salary, etc. according to law with interest at the rate of 7% p.a. from March 1, 2011, within four weeks from the date this order is served on it. No costs. Certified xerox.