HIGH COURT OF TRIPURA AGARTALA W.P.(C) No.800 of 2024 Sri Sekhar Bhowmik, Son of late Haridhan Bhowmik, Resident of Joynagar, H.G.B. Road, near JPC Club, P.O. Agartala- 799 001, District: West Tripura ----Petitioner (s)

Versus

1. The State of Tripura , To be represented by the Secretary/Principal Secretary, GA (P&T) Department, Government of Tripura, New Secretariat Building, New Capital Complex, Agartala, West Tripura, PIN: 799 010

2. The Principal Secretary, Animal Resource Development Department, Government of Tripura, Gurkhabasti, P.O. Kunjaban, West Tripura, PIN: 799 006

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

4. The Director, Directorate for Welfare of Schedule Caste, Government of Tripura, Gurkhabasti, Agartala, West Tripura, PIN: 799 010

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

6. The 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. Shaktimoy Chakraborty, Advocate General Ms. Pinki Chakraborty, Adv.

Mr. Pradyumna Gautam, Adv.

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 40 years of service as rendered by the Petitioner and the last Basic pay of Rs.29,970/- and his Dearness Allowance of Rs.22,180/- 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) Make the rules absolute.

(v) Call for records.

(vi) 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 Advocate General Mr. S. M. Chakraborty assisted by Ms. P. Chakraborty along with Mr. P. Gautam, Learned Sr. G.A. appearing for the State- respondents and also heard Learned Senior counsel Mr. D. Bhattacharya assisted by Mr. S. Saha, Learned counsel appearing for the respondents No.5 and 6.

03. The gist of the petition filed by the petitioner is that the petitioner had joined service on 18.03.1975 in the post of A.H. Assistant, Department of Animal Resource Department. By memo dated 24.06.1988 issued by the Secretary, Government of Tripura, Appointment & Services Department on recommendation of the TPSC, the petitioner was offered a purely temporary post of Junior Grade Stenographer of Tripura Government Stenographers’ Service (Class-III, Non-Gazetted) under the Govt. of Tripura on a pay of Rs.560-1300 on terms and conditions stated