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HIGH COURT OF TRIPURA, AGARTALA
S. DATTA PURKAYASTHA
Haripada Choudhury, Son of Lt. Naresh Bandhu Choudhury – Appellant
Versus
State of Tripura, To be represented by the Secretary, Department of Agriculture & Farmer’s Welfare, Govt. of Tripura – Respondent
JUDGMENT :
S. DATTA PURKAYASTHA, J.
The commacts and identical nature of disputes being involved, all the writ petitions were heard together and are being disposed of by this common judgment. All the petitioners were employees of Agriculture Department under Government of Tripura.
[2.1] In WP(C) No.233 of 2024, the petitioner retired from service attaining the age of superannuation on 30.06.2023 from the post of UDC. On his retirement, 75% of his gratuity amount was released and rest 25% was withheld. Initially, the petitioner joined as LDC on 15.06.1987 in the service under respondent No.2 and after completion of 10 years of service, he was given first gradation i.e. CAS-I on 15.06.1997 and on completion of 17 years of service in the same post, he was also granted second gradation i.e. CAS-II on 15.06.2004 and lastly, he was given third ACP benefit on 01.04.2015. He was, thereafter, promoted to the post of UDC (Ad-hoc) vide office order dated 23.09.2021. At the time of retirement, his last basic pay was shown to be Rs.62,600/-.
[2.2] It is alleged that for fixation of his pensionary benefits, his service book was sent to the office of AG (A&E), Agartala and vide letter dated 10.08.202
Withholding gratuity post-retirement without notice or opportunity to contest alleged incorrect pay fixation is impermissible and deemed harsh.
Recovery of excess payments from employees is impermissible when no fault or misrepresentation is established on their part.
Recovery of excess payments from retired employees is impermissible without adherence to natural justice, especially when payments were made for an extended period without notice.
Recovery of excess payments from retired employees is impermissible without due process, and the principle of natural justice mandates an opportunity to be heard before adverse actions.
Recovery of excess payments from employees without their fault violates principles of equity and fairness, especially when recovery occurs post-retirement and after a significant period.
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