Tripura High Court
Sri Samir Kumar Ghosh vs The State Of Tripura And 3 Others on 9 January, 2023
HIGH COURT OF TRIPURA
AGARTALA
WP(C) 204/2021
Sri Samir Kumar Ghosh ----Petitioner(s)
Versus
The State of Tripura and 3 others ----Respondent(s)
For the Petitioner(s) : Mr. P. Roy Barman, Sr. Advocate
Mr. S. Bhattacharjee, Advocate
For Respondent(s) :
Mr. A. Bhaumik, Advocate
Mr. D. Sarma, Additional GA
HON'BLE MR. JUSTICE ARINDAM LODH
Order
09/01/2023
Heard Mr. P. Roy Barman, learned senior counsel assisted by Mr. S.
Bhattacharjee, learned counsel appearing for the petitioner. Also heard Mr.
D. Sarma, learned Additional GA appearing for the respondents-State and
Mr. A. Bhaumik, learned counsel appearing for the respondents-Agartala
Municipal Corporation (for short "AMC").
The grievance of the petitioner is that in pursuance of a judgment
passed by a Division Bench of this Court, he was paid gratuity to the ceiling
limit of Rs. 10 lakh in terms of The Payment of Gratuity Act, 1972. On
computation, the respondents-AMC paid him Rs. 7,18,608/-, but, the
petitioner has filed the present writ petition raising his grievance that his
entire length of service has not been considered in quantifying his gratuity.
Learned senior counsel appearing for the petitioner has submitted that
the petitioner had rendered 40 years of service with the AMC. He joined his
service on 01.01.1976 and retired on 31.12.2015. According to the
petitioner, he is entitled to gratuity amount of Rs. 10 lakh, if his total length
of service i.e. 40 years is calculated for determining the total amount of
gratuity.
Mr. Bhaumik, learned counsel appearing for the respondents-AMC
has submitted that according to State government Revised Pension Rules,
the petitioner is not entitled to get gratuity under the provision of the
Payment of Gratuity Act, 1972. His death-cum-retirement gratuity shall be
considered in terms of Tripura State Civil Services (Revised Pension) Rules,
2009.
It is now well settled that the employees of the Corporation or any
other local bodies are entitled to and guided by ceiling limit as prescribed
under the Payment of Gratuity Act, 1972. The State government Rules shall
not be applicable to the employees of such Corporation and local bodies .
Moreso, in earlier round of litigations, it was clearly held by a Division
Bench of this court that the petitioner's gratuity will be governed by
Payment of Gratuity Act, 1972 and in compliance of that judgment and
order, the petitioner was paid gratuity considering the ceiling limit of Rs. 10
lakh since he retired from service in the year 2015.
In the light of above, I direct the respondents-AMC to recalculate the
gratuity amount, the petitioner is entitled to after considering his total length
of service i.e. 40 years under the Corporation. The remaining gratuity
amount, if any, according to his entitlement, shall be paid within a period of
3 (three) months from today.
With the aforesaid observations and direction, the instant writ petition
stands allowed and thus disposed.
JUDGE
Saikat
