LAWS(TRIP)-2020-2-32

BHUPATI DEBNATH Vs. STATE OF TRIPURA

Decided On February 13, 2020
Bhupati Debnath Appellant
V/S
STATE OF TRIPURA Respondents

JUDGEMENT

(1.) Heard learned counsel for the parties for final disposal of the petition.

(2.) Petitioner is a retired employee of respondent No.2, Tripura Handloom and Handicrafts Development Corporation Ltd., a Government of Tripura undertaking (hereinafter to be referred to as the said corporation). He retired on superannuation w.e.f. 30.06.2018 as an Auditor after putting in more than 29 years of service. He has been paid gratuity of Rs.9,80,423 on or around 04.12.2018. He has two grievances. Firstly, that the payment of gratuity is delayed for which interest should be awarded, further that such gratuity is paid by taking into consideration a pre-revised limit of Rs.10,00,000 (rupees ten lakhs) for payment of gratuity without applying the fresh ceiling of Rs.20,00,000 (rupees twenty lakhs) as per the Government of India notification dated, 29.03.2018. His second grievance is that his leave encashment of accumulated unused Earned Leave of 300 days is not paid though sanctioned.

(3.) The said corporation has taken three defences: