Hena Rani Das vs State Of Tripura And Ors.

Heard Mr. P. Maishan, learned counsel appearing for the petitioner as well as Ms. AS Lodh, learned Additional Government Advocate appearing for the respondents No.1, 2 and 4 and Mr. NC Pal, learned counsel appearing for the respondent No. 3, Tripura Horticulture Corporation Limited.

By means of this writ petition, the petitioner has urged this court for directing the respondents to make full and final payment of the gratuity and leave salary with interest @12% from 01.11.2014. There is no dispute that the petitioner was working as the Peon-cum-Chowkidar in the Tripura Horticulture Corporation Limited. The petitioner was appointed in the said capacity on 28.07.1993. After serving the respondents without any blemish on her completion of 60 years of age, she retired from the service on 30.09.2014 from the said Corporation. Thus, the petitioner was entitled to the full and final payment of the gratuity in terms of Section 7 of the payment of Gratuity Act, 1973, but that was not so paid. As a result, the petitioner has approached this court for having the relief, as aforesaid. The petitioner has asserted that her case is covered by a decision of this court in Gauranga Adhikari vs. State of Tripura [judgment and order dated 05.07.2016 delivered in WP(C) 373 of 2015]. In Gauranga Adhikari (supra) this court has observed as under:

"Now, when both the payment of gratuity as well as leave encashment are the statutory dues admissible to the petitioner, the same cannot be denied on the ground of lack of finance. Section 7(3) of the Payment of Gratuity Act, 1972 stipulates that the employer shall arrange to pay the amount of gratuity within thirty days from the date it becomes payable to the person to whom gratuity is payable. Sub-Section (3A) of Section 7 further provides that if the amount of gratuity so payable is not paid on the date it becomes due, simple interest at such rate, not exceeding the rate notified by the Central Government from time to time for repayment of long term deposits shall have to be paid. Similarly, the payment of leave encashment is also guaranteed by Central Civil Services (Leave) Rules, 1972. As the payment of both the gratuity and leave encashment are statutorily guaranteed, the respondent-Corporation cannot take shield of financial crunch to deny the payment; this called for the interference of this Court.

For what has been stated in the foregoing, this writ petition succeeds. The respondent corporation is, therefore, directed to release the amount of gratuity and leave encashment benefits due to the petitioner with interest @ 9% per annum with effect from 01.01.2012. The payment shall be made by the respondent-Corporation to the petitioner within a period of 3(three) months from the date of receipt of this order".

Despite the order dated 24.07.2014, the respondents preferred not to file any reply. Today Mr. Pal, learned counsel appearing for the respondent no 3 has submitted that the Board of Directors of the Corporation has already decided and recommended the payment of gratuity and the leave encashment in favour of the petitioner. Since the Corporation is regulated by Rule 9(xiii) and 15 of the Delegation of the Financial Powers Tripura Rules, 2011 providing that prior concurrence of the Finance Department has to be taken before sanction of allowance, special pay, honorarium, over-time allowances etc. unless covered under any special order issued by the Finance Department. Even the provisions of Clauses (i), (ii), (iii), (iv), (viii), (x), (xiii), (xxiv) and (xviii) are applicable to the Corporation.

Ms. Lodh, learned Additional Government Advocate appearing for the respondents no.1,2 and 4 has submitted that this case is squarely covered by the said decision and in view of that, the respondents have not filed any reply.

Having situated thus, this court is of the view that the respondents shall be directed to pay the full payment of the gratuity and the leave encashment to the petitioner within a period of 3(three) months from today with interest @7% from the date when 30 days from the date of superannuation has expired. It is made clear that at the time of payment of gratuity if any sum has already been paid that amount shall be deducted from the entire gratuity entitled to the petitioner. Accordingly, it is ordered.

The writ petition, therefore, stands allowed and disposed of. There shall be no order as to costs.

Copy of this order be furnished to the learned counsel appearing for the parties.