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HIGH COURT OF TRIPURA AGARTALA
T. AMARNATH GOUD
Gita Rani Banik – Appellant
Versus
State of Tripura – Respondent
JUDGMENT :
This present writ petition has been filed under Article 226 of the Constitution of India seeking the following reliefs:-
“1. Issue notice upon the Respondents,
2. Call for the records,
3. (a) Issue Rule calling upon the Respondents to show cause as to why the last basic pay of the Petitioner shall not be determined upon deduction of the one increment extended in favour of the Petitioner vide Office Order No. 187 dated 21.11.2009 issued pursuant to clarification at point no. 3 of the Memo dated 14.09.2009 issued by the Finance Department, Govt. of Tripura as per the judgment and order dated 11.07.2019 passed in W.P (C) No. 50 of 2019 as upheld by the judgment and order dated 25.11.2022 passed in W.A No. 37 of 2020.
AND
(b) Issue Rule calling upon the Respondents to show cause as to why the last basic pay of the Petitioner shall not be determined considering that the Petitioner has been extended with the benefit of ACP II and ACP III on 13.02.2009 and 13.02.2017 respectively.
AND
(c) Issue Rule calling upon the Respondents to show cause as to why the pensionary benefits and other retiral benefits including the 25% death cum retirement gratuity and the arrears thereof shall not be
The court mandated the refixation of the petitioner's pay and pension benefits in accordance with prior judgments, prohibiting recovery of excess amounts.
Recovery of pension benefits must comply with established legal frameworks, and retrospective adjustments cannot occur unless timely corrected as per governing rules.
A demand notice seeking recovery of pensionary benefits is legally unsustainable when it directly contradicts a final judicial determination by the highest court affirming the entitlement to such pay....
Withholding gratuity post-retirement without notice or opportunity to contest alleged incorrect pay fixation is impermissible and deemed harsh.
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