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AD-54
February 25, 2015
W.P.No.5035 (W) of 2015
m.d Narendra Nath Das
Vs.
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
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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
formalities.
(Sanjib Banerjee, J.)
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