DEBASISH SENGUPTA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard Mr. S. Datta, learned counsel appearing for the petitioner. Also heard Mrs. S. Deb, learned counsel appearing for the State-respondents and Mr. P. Gautam, learned counsel appearing for the respondent nos. 2 to 5.

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

(3.) Briefly stated, the petitioner was appointed in the post of Field Supervisor on 2/9/1991 by the Tripura Scheduled Tribe/Scheduled Caste (ST/SC) Co-operative Development Corporation Ltd., the respondent nos. 2 to 5 respectively. After attaining the age of superannuation, the petitioner retired from service w.e.f. 31/1/2021. It is the contention of the petitioner that after the retirement as per ceiling limit of Rs.20,00,000.00 under the Payment of GratuityAct,1972 amended on 29/3/2018, the petitioner is entitled to Rs.11,49,404.00 as full and final payment of gratuity. But, the respondent nos. 2 to 5 vide Memo dtd. 30/1/2021 [Annexure-1 to the writ petition] sanctioned and released the gratuity amount on computation of pre-revised ceiling limit i.e. subject to maximum Rs.10,00,000.00. The petitioner has prayed for payment of balance amount which he is 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 petitioner has urged that he is also entitled to gratuity at the enhanced rate i.e. Rs.20,00,000.00 as per Payment of Gratuity (Amendment Act), 2018.