Posted On by &filed under High Court, Kolkata High Court (Appellete Side).

Kolkata High Court (Appellete Side)
M.D Narendra Nath Das vs North Bengal State Transport on 25 February, 2015
Author: Sanjib Banerjee

February 25, 2015
                           W.P.No.5035 (W) of 2015

m.d                             Narendra Nath Das
                               North Bengal State Transport
                               Corporation and others

                    Mr. Subrata Das
                               ... for the petitioner

                    Mr. Pradyumna Sinha

                                .. for N.B.S.T.C.
                                (vakalatnama not supplied)

                    Mr. Syamal Kumar Das

                                .. for the State

                           The petitioner claims the retiral benefits

                    due to the petitioner upon the petitioner's

                    superannuation on December 31, 2014.

                           It    is   submitted     on    behalf   of     the

                    respondent        corporation      that    since      the

corporation is in serious financial difficulties and

depends completely on the State government to

provide funds to it, an appropriate direction

should be issued to the State government.

W.P. No. 5035 (W) of 2015 is disposed of

by directing the Managing Director of the

respondent corporation to consider the propriety

of the petitioner’s claim and to make a

recommendation to the State government on the

basis thereof within a period of eight weeks from

date. If the recommendation is for any money to

be paid to the petitioner, such recommendation

should be forwarded to the Secretary,

Department of Finance for the State to ensure

that adequate funds are made available to the

corporation to clear the dues of the petitioner

within a period of five months from date. The

petitioner will be entitled to interest at the rate

of 7% per annum from the month following the

petitioner’s superannuation till the date of

payment if the petitioner’s payment is made

within five months from date. If the payment is

delayed, the petitioner will be entitled to interest

at the rate of 10% per annum on the principal

sum due for the period beyond five months.

There will be no order as to costs.

Certified website copies of this order, if

applied for, be urgently made available to the

parties, subject to compliance with all requisite


(Sanjib Banerjee, J.)

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