HON’BLE MR. JUSTICE S. DATTA PURKAYASTHA

JUDGMENT & ORDER

Heard learned counsel of both sides.

[2] The petitioner on attaining the age of superannuation retired from service on 31.01.2024 from the post of Additional Director (Industries & Commerce), Department of Industries & Commerce, Government of Tripura. After retirement, he submitted one representation dated 05.02.2024 to the Secretary and Director, Department of Industries & Commerce, Government of Tripura, Agartala, requesting sanction and release of post-retiral benefits to him. When no step was taken, he also submitted another reminder on 13.02.2024 in this regard.

[3] According to the petitioner, on retirement, he became entitled to get Rs.10,00,000 [Rupees Ten lakh] only as full and final settlement of gratuity and the amount payable under Leave Encashment benefit apart from his monthly pension. Thereafter, claiming the same, he submitted a representation on 05.02.2024 seeking the release of such post-retiral benefits and thereafter, his provisional pension amounting to Rs.78,150/- [Seventy Eight thousand One hundred Fifty] only was released for the period w.e.f. 01.02.2024 to 31.07.2024 and the final payment of GPF Rs.55,256/- [Rupees Fifty Five thousand Two hundred Fifty Six] only was also sanctioned. He again submitted another representation dated 26.02.2024 claiming other post-retiral benefits and he was informed that his Gratuity and Leave Encashment were kept on hold till completion of the departmental proceeding against him.

[4] When he was in service, one FIR was registered against him at NCC P.S bearing NCC P.S. Case No.2020 NCC 088, on 04.03.2020, under Section 409 of IPC and Section 13 of the Prevention of Corruption Act, 1988 which ultimately culminated into filing of charge-sheet. On that ground, his gratuity, leave salary and other pensionary benefits were withheld by the department and only provisional pension and the amount payable from GPF account were released to him.

[5] In such a situation, the petitioner filed WP(C) No.215/2024 with the following reliefs:

“a) Issue Rule upon the Respondents to show cause as to why a Writ in the nature of Mandamus and/or any other order/orders shall not be issued whereby quashing and cancelling the letter, dated, 05.03.2024 issued by the Addl. Director, Industries & Commerce, Govt. of Tripura.

b) Issue Rule upon the Respondents to show cause as to why a Writ in the nature of Mandamus and/or any other order/orders shall not be issued whereby directing the Respondents to cause release of regular monthly pension, full & final payment of gratuity, leave encashment benefit, provident fund benefit, group insurance benefit in favour of the Petitioner, with 9% interest w.e.f. 01.03.2024 till payment is made.

And

Call for the records pertaining to the instant Writ Petition from the custody of the Respondents and to make the rule absolute.”

[6] On hearing the parties, a coordinate bench of this Court disposed of the said case on 04.12.2024 with the following decisions and directions:

“[7] After perusal of the record, this court is of the view that there is no 2011 Financial Rules invoked when certain allegations in 2014 and 2015 were made against the petitioner and there is no direct financial irregularity by not following certain procedure construction has been made and also the vehicle which was under his control was used, since the same are not attracting 2011 Financial Rules. This Court finds that the respondents are not entitled to withhold the payment i.e, to be made to the petitioner.

[8] In view of the above observation, respondents are directed to release the amount which are withheld by them on account of the criminal case i.e, filed vide FIR No. 038 of 04.03.2020 within 2 months from the date of receipt of the copy of this order. Accordingly, the impugned order dated 05.03.2024 is set aside.

[9] With the above observation and direction, this present writ petition stands allowed and accordi