PRADIP KUMAR CHOWDHURY Vs. STATE OF TRIPURA

JUDGEMENT

(1.) By means of filing this writ petition the petitioner has prayed for the following reliefs:

(2.) Heard Learned Senior Counsel Mr. P. Roy Barman assisted by Mr. K. Nath, Learned counsel appearing for the petitioner as well as Learned Addl. G.A. Mr. D. Sharma appearing for the State-respondents and also heard Learned Senior Counsel Mr. D. Bhattacharya assisted by Learned Counsel Mr. S. Saha appearing for the respondents No.4 and 5.

(3.) The gist of the petition filed by the petitioner is that the petitioner was temporarily appointed as Peon on Rs.60.00 per month in the scale of pay of Rs.60.0075/- along with other admissible allowances by the order dtd. 26/6/1974 issued by the District Magistrate and Collector. Thereafter the petitioner had joined in the post of Peon on 1/7/1974 by the order dtd. 24/7/1974 issued by the SDO, Sadar, West Tripura. After that the petitioner was promoted to officiate as Bill Clerk in the scale of Rs.240.00 Rs.440.00 (E.B after 8th and 15th stages) along with other allowances as admissible in the Sonamura Sub-Treasury. Later on, the petitioner got promotion to the post of Office Superintendent under the office of the District Collector & Magistrate, West Tripura. On attaining the age of superannuation, the petitioner retired from service w.e.f. 31/1/2016. At the time of retirement, the last basic pay of the petitioner was Rs.26,260.00 and D.A. was Rs.19,430.00 and petitioner was holding the post of Office Superintendent (Dist. Admn.) DM's office, West Tripura having in his credit about 41 years of service. Thereafter, vide memo dtd. 27/1/2016, issued by the Senior Deputy Magistrate, office of the DM & Collector, West Tripura, Agartala a statement was furnished showing the calculation of proposed pension & retirement gratuity in respect of the petitioner is reflected as Rs.26,260.00 with more than 41 years of service in his credit Rs.3,00,000.00 has been paid on 27/1/2016. After retirement, regular monthly pension under CCS(Pension) Rules, 1972 has been sanctioned in favour of the petitioner and he is getting regular monthly pension accordingly. After retirement from his service the petitioner became entitled to full and final payment of gratuity within 30 days from the date of retirement in terms of Sec. 4(3) of the Payment of Gratuity Act, 1972. As the petitioner retired from service on 31/1/2016, the respondents became liable to discharge their obligation of causing full and final payment of gratuity to the petitioner within next 30 days i.e positively by 1/3/2016 and this is a mandate of the Payment of Gratuity Act, 1972.