SELI RAY CHAUDHURY Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Petitioners are the legal heirs of deceased Subir Roy Chowdhury. Petitioner No.1 is a widow and petitioners No.2 and 3 are daughter and son respectively of Late Subir Roy Chowdhury. Subir Roy Chowdhury had joined his service under Tripura Khadi and Village Industries Board (hereinafter to be referred to as the "Khadi Board") on 16.09.1981. He was placed under suspension on 20.09.2014 pending departmental inquiry. It appears that the employee was suffering from blood cancer and he died while still in service, on 16.06.2015. Till this point of time no charge-sheet was issued against him. The petitioners have raised several demands of unpaid wages and death-cum-retiral benefits. In the nutshell, their claims are as under:-

(2.) In this background, we may notice the facts emerging from the record.

(3.) As noted, Subir Roy Choudhury was placed under suspension on 20.09.2014. While still on suspension he died on 16.06.2015 till which point of time no departmental charge-sheet was issued against him. His legal heirs were thus entitled to all service benefits. It appears that the Khadi Board sanctioned payment of Rs.4,00,000/- by way of gratuity on 28.12.2015. Petitioners would point out that the entire amount of gratuity should have been paid within one month from the death of the employee. In this case, there is a delay of 6(six) months beyond such period. Further, the gratuity is calculated by taking into account the last basic pay of Rs.33,313/- of the employee ignoring the dearness allowance. They also contend that the ceiling of Rs.4,00,000/- for payment of gratuity is wrongly applied since such ceiling was already revised by the amendment in the Payment of Gratuity Act by Payment of Gratuity (Amendment) Act, 2010 dated 17.05.2010. The revised limit was Rs.10,00,000/-.