SWADESH DEB Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard Mr. Samarjit Bhattacharjee, learned counsel appearing for the petitioners. Also heard Mr. K. De, learned Addl. G.A. appearing for the State-respondents and Mr. K. C. Bhattacharjee, learned counsel appearing for the respondents-Tripura Road Transport Corporation.

(2.) By way of filing the present writ petition, the petitioners have prayed for the following reliefs:-

(3.) Briefly stated, the petitioners were the employees under the Tripura Road Transport Corporation (for short, TRTC), the respondent nos.3 and 4. Petitioner no.1 joined in the service on 3/3/1986 as a Bus Conductor. After attaining the age of superannuation the petitioner retired from service w.e.f. 28/2/2022. Petitioner no.2 joined in the service on 28/2/1986 as a Traffic Assistant and after attaining the age of superannuation, he retired from service w.e.f. 30/9/2021. It is the contention of the petitioners that after the retirement as per ceiling limit of Rs.20,00,000.00, the petitioner no.1 is entitled to Rs.12,62,146.00 and the petitioner no.2 is entitled to Rs.12,64,523.00 as gratuity. But, the respondents-TRTC have caused payment of Rs.10,00,000.00 towards the petitioners as gratuity. The petitioners have prayed for payment of balance amount which they are entitled to along with 9% interest till the date of actual payment. It is further contended that the Govt. of India by Notification, dated, 29/3/2018 notified that the amount of gratuity payable to an employee under the Act shall not exceed Rs.20,00,000.00. Accordingly, the petitioners have urged that they are also entitled to gratuity at the enhanced rate i.e. Rs.20,00,000.00 as per Payment of Gratuity (Amendment Act), 2018.