Back
HIGH COURT OF TRIPURA
MR. JUSTICE S. DATTA PURKAYASTHA, J
Chittaranjan Das – Appellant
Versus
The State of Tripura and 4 others – Respondent
JUDGMENT :
S. DATTA PURKAYASTHA, J.
The case of the petitioner, in brief, is that he was appointed as Lower Division Clerk vide office order dated 25.05.1987 issued by the respondent No.2 in the pay scale of Rs.430-850/-. Accordingly, he joined to the post on 15.06.1987 and on completion of 10 years of satisfactory service, he was provided first financial upgradation w.e.f. 15.06.1997. Thereafter, vide office order dated 13.05.2002 (Annexure-2 to the writ petition) he was promoted to the post of Upper Division Clerk and finally he was promoted to the post of Head Clerk vide office order dated 11.08.2011 (Annexure-3) in the pay scale of Rs.5000-10300/- (pre-revised). By the lapse of time, on attaining the age of superannuation, the petitioner ultimately went on retirement on 31.05.2021 from the post of Head Clerk from the office of the Deputy Director, Horticulture Department, Government of Tripura, South Tripura, Shantirbazar with his last basic pay of Rs.60,800/-.
[2] On his superannuation, the Deputy Director of Horticulture vide sanction memo dated 28.05.2021 (Annexure-4) calculated his total gratuity amount to be Rs.10,03,400/- (with the maximum ceiling limit of Rs.10,00,000/-) an
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.
Withholding gratuity post-retirement without notice or opportunity to contest alleged incorrect pay fixation is impermissible and deemed harsh.
The tribunal upheld that pay fixation complied with legal standards and recovery of excess payments was justified, with no undue hardship demonstrated.
Post-retirement correction of clerical error in promotion date allowing last pay refixation upheld despite Rule 59's 24-month limit; excess leave encashment adjustable from enhanced gratuity as gover....
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
