LAKSHI BALA RUDRA PAUL Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard Mr. Samarjit Bhattacharjee, learned counsel appearing for the petitioners as well as Mr. Sharma, learned Addl. G.A. appearing vice Mr. N. Chowdhury, learned G.A. for the respondents No.1 and 2 and Mr. P.K. Pal, learned counsel appearing for the respondents No.3 and 4.

(2.) The grievance as projected in this writ petition falls within a short compass. The predecessor of the petitioners, namely Haridhan Rudra Paul was working as the Assistant Supervisor in the Tripura Khadi and Village Industries Board, an undertaking of the Government of Tripura when he retired from the service after attaining the age of superannuation on 31/7/2010. The petitioner was appointed on 26/12/1969 as the Master Potter. As stated, the petitioner has retired as the Assistant Supervisor. The petitioner was entitled to get the benefit of gratuity to the maximum of Rs.10,00,000.00 in terms of the formulae provided under Sec. 4(2) of the Payment of Gratuity Act, 1972.

(3.) It is to be noted that the maximum gratuity was enhanced from Rs.3.5 lakhs to Rs.10.00 lakhs by the notification dtd. 24/5/2010. Later on, the said amount was further enhanced to Rs.20,00,000.00 by virtue of the notification dtd. 29/3/2018. Since, the petitioner retired on 31/7/2010, maximum of his gratuity would be regulated by the amount as provided by the notification dtd. 24/5/2010, in terms of the amendment carried out under Sec. 4(3) of the Payment of Gratuity Act, 1972. The respondents No.3 and 4 have calculated his gratuity considering the maximum limit of gratuity at Rs.3.5 lakhs and they have not considered the amendment that has been carried out with effect from 24/5/2010.