HIGH COURT OF TRIPURA AGARTALA W.P.(C) No.814 of 2024 Sri Biswanath Dey, Son of late Rasaraj Dey, Resident of P.O. Arundhati Nagar, Road No.9, Agartala, District: West Tripura, PIN: 799 003 ----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. T he Secretary, Department of Finance, Government of Tripura, New Secretariat Building, New Capital Complex, Agartala, West Tripura, PIN:799 010

3. The Deputy Director, PWD (R &B),Government of Tripura, New Secretariat Building, New Capital Complex, Agartala, West Tripura, PIN: 799 010

4. The Chief Engineer, Public Works Department, New Secretariat Building, Agartala, West Tripura, PIN:799 010

5. The Superintending Engineer, Second Circle, Agartala, Office of the Superintending Engineer, Second Circle, Agartala, Gurkhabasti, PIN: 799 010

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

7. 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.23,930/- and his Dearness Allowance of Rs.17,708 /- 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.6 and 7.

03. The gist of the petition filed by the petitioner is that the petitioner had joined service on 11.07.1979 as LDC under the Public Works Department. By memo dated 06.07.1979 issued by the Superintending Engineer, Co- ordination, Second Circle, Agartala, Tripura the petitioner was offered a purely temporary post of LDC under the Public Works Department for a period of three months on a monthly pay of Rs.240/- in the scale of Rs.240-440/-