RABINDRA NATH MAHALDER Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE petitioner in this WP under art.226 dated August 21, 2012 is alleging that for undisclosed reasons the respondents liable to pay him 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, 2007, and that CSTC incurred an obligation to pay him leave salary, etc. on March 1, 2007. Nor is it disputed that CSTC has not paid him the benefits.

(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.