Tripura High Court
Sri Sekhar Ranjan Roy & Others vs Tripura Road Transport ... on 7 January, 2022
Page 1 of 4
HIGH COURT OF TRIPURA
AGARTALA
WP(C) No.778/2021
Sri Sekhar Ranjan Roy & others
----Petitioner(s)
Versus
Tripura Road Transport Corporation and others
-----Respondent(s)
For Petitioner(s) : Mr. P. Roy Barman, Sr. Advocate,
Ms. A. Debbarma, Advocate.
For Respondent(s) : Mr. K.C. Bhattacharjee, Advocate,
Mr. S. Saha, Advocate.
HON'BLE THE CHIEF JUSTICE MR. INDRAJIT MAHANTY
Order
07/01/2022
Heard learned counsel for the respective parties.
2. The present writ petition has come to be filed seeking a
direction to the respondents to make full and final payment of gratuity with
interest @ 9% per annum to the petitioners with effect from the date on
which gratuity became payable till the actual date of payment.
3. Learned senior counsel Mr. P. Roy Barman appearing for the
petitioners drew the Court's attention to the judgment rendered by Hon'ble
Single Judge in WP(C) No.1209 of 2019 in the case of Lal Zakim Rokhum
vrs. Tripura Road Transport Corporation & another dated 20.02.2020. In
terms of the said judgment, directions were issued in the following manner:
"[7] In view of the above discussion, respondents are
directed to release the remaining amount of gratuity payable
to the petitioner which shall carry simple interest @ 7.5 %
after completion of one month from the date of retirement till
actual payment. Payment shall be made within three months
from today."
4. A reply affidavit has been filed by the respondents No.1 and 2-
Corporation and in paragraph-12 the following averment has been made:
"12. That with reference to the statements made in
paragraphs-32 to 37 it is fact that one Lal Zakim Rokhum, a
retired employee of TRTC filed writ petition in WP(C) 1209
of 2019 and this Hon'ble High Court passed Judgment and
Order (oral) on 20.02.2020 directed the Respondents to
release the remaining amount of gratuity by applying the
revised limit along with simple interest @ 7.5% per annum till
actual payments. It is fact that the order passed by this
Hon'ble Court, was complied with by the Respondents."
5. It may be pertinent to also note herein that in the judgment
referred to by the learned counsel for the petitioners, i.e. in the case of Lal
Zakim Rokhum (supra) this Court also took into note the directions passed
in the case of Smt. Mamata Singha Roy vrs. The State of Tripura and
another in WP(C) No.1057 of 2019 decided on 13.02.2020 where after
taking note of the office memorandum dated 15.09.2016 of the Government,
the Court took into consideration the condition as follows:
"The Payment of Gratuity Act, 1972 should not be
extended without prior concurrence of the Finance under any
circumstances. This direction has been given by the Finance
Department, Government of Tripura vide No.-F.29(9)-
Fin(G)/2004 dated 16th August 2011."
In consideration of the same, the said contention was rejected
on the ground that the said notification could not nullify the earlier
clarification of all PSUs and Autonomous Bodies and Societies under the
department of the State Government to pay gratuity as per the revised limit
under the Payment of Gratuity (Amendment) Act, 2010 with a further
finding as follows:
"Firstly, no directive not to pay gratuity as per the
statutory provision, can be made by executive instructions.
Secondly, one possible meaning of this clarification is that
when an organisation is extending the benefit of Payment of
Gratuity Act, concurrence of the Finance Department will be
needed. In either case, this last paragraph of the said office
memorandum cannot govern the present case as per the
correct legal position emerging from this statute."
6. In view of the fact there can be no doubt that the present case is
covered by the judgment rendered by this Court earlier and referred to
hereinabove. Consequently, the writ petition is allowed and the respondents
are directed to release the remaining amount of gratuity payable to the
petitioners which shall carry simple interest @ 7.5% after completion of one
month from the date of their retirement till actual payment in accordance
with law. Payment shall be made within three months from today.
7. With the aforesaid observations and directions, the writ petition
is allowed.
Pending application(s), if any, also stands disposed of.
(INDRAJIT MAHANTY), CJ
Pulak
