The State Of Tripura & Others vs Sri Abhiram Majumder & Another
2024 Latest Caselaw 1767 Tri

Tripura High Court

The State Of Tripura & Others vs Sri Abhiram Majumder & Another on 12 November, 2024

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                         HIGH COURT OF TRIPURA
                               AGARTALA
                    IA No.01/2024 in WA No.108 of 2024
The State of Tripura & others
                                                .........Applicant/Appellant(s);
                                  Versus
Sri Abhiram Majumder & another
                                                           .........Respondent(s).

For Applicant/Appellant(s) : Mr. D. Sharma, Addl. G.A. For Respondent(s) : Mr. N. Majumder, Advocate.

HON'BLE THE CHIEF JUSTICE MR. APARESH KUMAR SINGH HON'BLE MR. JUSTICE BISWAJIT PALIT

Order 12/11/2024 Mr. D. Sharma, learned Additional Government Advocate, while

assailing the impugned judgment has pointed out that the petitioner was facing

a departmental inquiry initiated vide memorandum dated 25.01.2017 before his

retirement on 31.03.2017 which continued after his retirement till his

exoneration order passed by the Inspector General of Prisons on 27.07.2022.

Thereafter both the pension and gratuity have been paid in terms of the CCS

(Pension) Rules, 1972. The petitioner, being a government employee, was

working as a Head Warder. Learned Writ Court has erroneously referred to

provisions of the Payment of Gratuity Act, 1972 at para 20 of the impugned

judgment and awarded interest @ 10% on the delay in payment of such pension

and gratuity dues to the petitioner on conclusion of the departmental proceeding

pending against him since before his retirement till 27.07.2022. The admissible

gratuity and pension were paid in December, 2022. He has referred to Page 110

of the memo of appeal.

Mr. D. Sharma, learned Additional Government Advocate,

submits that pending departmental inquiry after retirement, an employee may

be entitled to provisional pension; but full pension and gratuity cannot be paid

till the conclusion of the departmental proceedings. In the present case, after

conclusion of the departmental proceeding, his entire pensionary benefit and

gratuity have been paid. His claim for interest was, therefore, rightly rejected

by the impugned letter dated 02.05.2023. The leaned Writ Court had

erroneously allowed the interest on the delay in payment of gratuity and

pension though petitioner was facing a departmental proceeding till July, 2022

when he was exonerated.

Issue notice on the writ petitioner/respondent No.1 under ordinary

process and Speed Post for which requisites be filed within one week.

Mr. N. Majumder, learned counsel, appears for respondent No.2-

Accountant General.

Notice is made returnable on 10.12.2024.

In the meantime, the impugned directions so far as it allows

interest on the payment of gratuity and pensionary benefits @ 10% shall remain

stayed.

(BISWAJIT PALIT), J                                      (APARESH KUMAR SINGH), CJ




Pijush/
DIPESH DEB   Digitally signed by DIPESH DEB
             Date: 2024.11.13 11:04:03 +05'30'