NITAI CHANDRA DEB Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE Court : The petitioner in this WP under art.226 dated August 13, 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 April 30, 2011, and that CSTC incurred an obligation to pay him gratuity, leave salary, etc. on May 1, 2011. Nor is it disputed that CSTC has not paid him the benefits.

(3.) IN my opinion, financial crisis, if any, of CSTC is not a ground to say that it was or is entitled to withhold the petitioner's gratuity, leave salary, pension, commuted value of pension, etc. It was under an obligation to pay the benefits on May 1, 2011. By withholding the benefits it has caused irreparable loss and harassment to the petitioner. This is a litigation it has generated without any valid reason.