HIGH COURT OF TRIPURA _A_G_A_R_T_A_L_A_

W.A.No.72 of 2024

1.The State of Tripura and Ors., to be represented by the Secretary, Govt. of Tripura, Tribal Welfare Department, New Secretariat Complex, Kunjaban, Agartala, West Tripura, Pin-799006

2.Tribal Welfare Residential Education Institutions Society, Under Tribal Welfare Department, Govt. of Tripura, represented by its Member Secretary, Gurkhabasti, Agartala, West Tripura, Pin-799006

3.The Member Secretary, Tripura Tribal Welfare Residential Educational Institutions Society, Tribal Welfare Department, Govt. of Tripura, represented by its Member Secretary, Gurkhabasti, Agartala, West Tripura, Pin-799006

4.The Secretary, Department of Finance, Govt. of Tripura, New Secretariat Building, New Capital Complex, Agartala, West Tripura, Pin- 799010 ..........Appellant(s)

Versus Dr. Prashant Kumar, Aged-61 years, S/O- Lt. Krishan Lal Sharma, C/O- Sri Sudhir Chandra Naha, R/O-Datta Para, Jolaibari, Sabroom, South Tripura, Pin-799141 ..…. Respondent(s)

For Appellant(s) : Mr. Dipankar Sarma, Addl. G.A.

For Respondent(s) : Mr. Purusuttam Roy Barman, Sr. Advocate.

Mr. Samarjit Bhattacharjee, Advocate.

Mr. Kawsik Nath, Advocate.

Ms. Sutapa Deb Barman, Advocate.

HON’BLE THE CHIEF JUSTICE MR. M.S. RAMACHANDRA RAO HON’BLE MR. JUSTICE BISWAJIT PALIT Date of Hearing & Judgment : 19/01/2026 Whether fit for reporting : YES JUDGMENT & ORDER (ORAL)

(M.S. RAMACHANDRA RAO, C.J.)

This Writ Appeal is filed by the State of Tripura, The Tripura Tribal Welfare Residential Educational Institutions Society and others challenging the judgment of the Learned Single Judge dt. 24.01.2024 in WP(C)No.617 of 2023.

2. The respondent was an employee of the Tripura Tribal Welfare Residential Educational Institutions Society which runs under the administrative control of the Tribal Welfare Department of the Government of Tripura. Its main objective is to establish, maintain, control and running of Ekalavya Model Residential School (EMR), Residential School and Ashram School in Tribal Sub-Plan area of the State of Tripura.

3. On 24.12.2002, the Chairman of the said Society appointed the respondent to the post of Principal and the respondent had joined in the said post on 04.01.2003.

4. The respondent attained the age of superannuation on

31.10.2022.

5. The respondent claimed that he was entitled to get full and final payment of gratuity under the Payment of Gratuity Act, 1972 within thirty days in terms of Section 7(3) thereof.

6. However, on 04.01.2023 the appellants paid only Rs.3.5 lakhs to the respondent as retirement gratuity.

7. The case of the respondent is that he had to his credit twenty years of total qualifying service; at the time of retirement his last basic pay was Rs.1,23,600/- and DA was Rs.9,888/-; and in terms of Section 4(2) of the Payment of Gratuity Act, he is entitled to get Rs.15,40,246/- towards gratuity.

8. The respondent submitted a representation on 11.01.2023 seeking full and final payment of gratuity. He stated therein that his gratuity be calculated on the basis of enhanced ceiling limit of Rs.20,00,000/- which came into force w.e.f. 29.03.2018. He also stated that he was accepting Rs.3.5 lakhs paid to him under protest and that the said payment was also not paid on time and so he is entitled to interest thereon @ Rs.9% p.a.

9. When no action was taken on the respondent’s representation by the appellants, he filed WP(C)No.617 of 2023.

10. He contended before the Learned Single Judge that the Payment of Gratuity Act,1972 had been amended by the Act 15 of 2010 and the words and figures “Rs.3,50,000/-” had been replaced by the words “Rs.10,00,000/-” w.e.f. 24.05.2010, and subsequently by Act 12 of 2018 w.e.f. 29.03.2018 by SO No.1420(E) dt. 29.03.2018, the amount of gratuity was raised to “Rs.20,00,000/-” He contended that he should be paid gratuity taking into account the enhanced ceiling limit of Rs.20,00,000/- which came into force w.e.f. 29.03.2018.

11. In the counter affidavit filed by the appellants before the