HIGH COURT OF TRIPURA AGARTALA W.P.(C) No.798 of 2024 Smt. Sabita Chanda, Aged 71 years, Wife of Sri Biswanath Dey, Resident of A.D. Nagar, Road No.9, Agatala, District: West Tripura, PIN:799 003 ----Petitioner (s)

Versus

1. The State of Tripura , To be represented by the Secretary/Principal Secretary, Department of Education, Govt. of Tripura, New Secretariat Building, New Capital Complex, Agartala, West Tripura, PIN: 799 001

2. The Secretary, Department of Finance, Government of Tripura, New Secretariat Building, New Capital Complex, Agartala, West Tripura, PIN:799 010

3. The Director, Directorate of School Education, Govt. of Tripura, Agartala, West Tripura, PIN:799 001

4. The Accountant General, Office of the Accountant General (A & E), Agartala, Tripura, PIN: 799 006

5. T he Senior Accounts Officer, Office of the Accountant General (A & E), Agartala, Tripura, PIN: 799 006 ---- Respondents (s)

For Petitioner(s) : Mr. Purusuttam Roy Barman, Senior Advocate Mr. Kawsik Nath, Adv.

For Respondent(s) : Mr. Dipankar Sharma, Addl. G.A.

Mr. Debalaya Bhattacharya, Sr. Adv.

Mr. Soumyadeep Saha, Adv.

Date of Hearing : 07.03.2025 Date of delivery of Judgment and Order : 27.03.2025 Whether fit for Reporting : YES HON’BLE MR. JUSTICE BISWAJIT PALIT Judgment & Order By means of filing this writ petition the petitioner has prayed for the following reliefs:

(i) Issue Rule upon the Respondents to show cause as to why a writ in the nature shall not be issued whereby directing the Respondents to cause full and final payment to the Petitioner on the basis of Ceiling Limit of Rs.10,00,000/- by taking into account 21 years of service as rendered by the Petitioner and the last Basic pay of Rs.16,840/- and his Dearness Allowance of Rs.4,042/- after adjusting the payment already made to the Petitioner.

(ii) Issue Rule upon the Respondents to show cause as to why a writ in the nature of Mandamus and/or order/orders and/or direction/directions of like nature shall not be issued whereby directing the Respondents to cause payment of interest @ 9% per annum on the balance amount of gratuity w.e.f. the date on which gratuity became payable i.e. 30 days after retirement from service till the date payment is made.

(iii) Issue Rule upon the Respondents to show cause as to why a writ in the nature of Mandamus and/or order/orders and/or direction/directions of like nature shall not be issued whereby declaring that the Notification, dt. 05.05.2009, issued by the Finance Department, Govt. of Tripura, must be made in consonance with the Payment of Gratuity Act so far determination of gratuity and ceiling limit of gratuity are concerned.

(iv) Issue Rule upon the Respondents to show cause as to why a writ in the nature of mandamus and/or order/orders and/or direction/directions of like nature shall not be issued whereby quashing and cancelling the Memo, dated 15.07.2024, passed by the Director of Secondary Education, West Tripura, i.e the Respondent No.3 herein.

(v) Make the rules absolute.

(vi) Call for records.

(vii) Pass any further order/orders as this Hon’ble High Court considered fit and proper.

02. Heard Learned Senior Counsel Mr. P. Roy Barman assisted by Mr. K. Nath, Learned counsel appearing for the petitioner as well as Learned Addl. G.A. Mr. D. Sharma appearing for the State and Mr. D. Bhattacharya, Learned Senior Counsel assisted by Mr. S. Saha, Learned counsel appearing for the respondents No.4 and 5.

03. The gist of the petition filed by the petitioner is that the petitioner had joined service on 09.02.1990 in the post of Post Graduate Teacher under the Education Department. By memo dated 09.02.1990 issued by the Directorate of Higher Education, Govt. of Tripura the petitioner was offered a purely temporary post of Post Graduate Teacher under the Govt. of Tripura on a pay of Rs.1,000/- per month on terms and conditions stated in the memo. Thereafter vide memo dated 21.03.1990 issued by the director of School Education, Tripura the petitioner was given posting as Post G