High CourtsSingle Bench(2021) 09 TP CK 0027

Pankaj Kumar Bhowmik vs State Of Tripura and 3 Ors

Tripura High Court · Decided on 20 September 2021

HON’BLE JUDGES
Arindam Lodh, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (C) No. 510 Of 2021

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Judgment

16 paragraphs · 514 words

Arindam Lodh, J

Heard Mr. P. Roy Barman, learned Sr. counsel assisted by Mr. S. Bhattacharjee, learned counsel appearing for the petitioner.

The petitioner by way of filing the present writ petition has prayed for the following reliefs:-

" (i) 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 re-determine the gratuity and leave encashment benefit, which became admissible to the petitioner on his retirement from service by reckoning Rs.54000/- as the last basic pay of the Petitioner & pay the gratuity, leave encashment benefit after adjusting the benefit already paid.

(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 release the arrear pay & salary in consequence of allowing the benefit of Tripura Pay Matrix-2018, to the Petitioner for the period of 1st October 2018 to 31.01.2019, with interest @ 9% per annum till the date of actual payment.

(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 directing the Respondents to cause full & final payment of gratuity & leave encashment benefit with interest @ 9% per annum w.e.f. 01.03.2019, till the actual payment is made after adjusting the payment already made.

(iv) Make the rules absolute.

(v) Call for records.

(vi) Pass any further order/orders as the Hon'ble High Court considered fit and proper."

Mr. Roy Barman learned Sr. counsel appearing for the petitioner has prayed for re-determination of the gratuity and leave encashment benefit in favour of the petitioner by way of reckoning his last pay at Rs.54,000/-. Mr. Roy Barman learned Sr. counsel has further submitted that the petitioner is entitled to get the benefit of Tripura Pay Matrix-2018 as provided to other employees of the Corporation since the said benefit has been implemented and extended to the employees of TSIC.

Heard Mr. S.S. Debnath, learned counsel appearing for the respondents-Corporation, and Mrs. S. Deb, learned counsel appearing for the State-respondents.

Considering the submissions advanced by the learned counsels appearing for the parties, I deem it necessary to dispose of the writ petition with the following directions:-

a) The respondents No. 2 & 3 shall take up the process of consideration for re-determination of the gratuity and leave encashment benefit of the petitioner reckoning his last pay at Rs.54,000/-;

b) The respondents No. 2 & 3 shall consider the entitlement of the benefit of Tripura Pay Matrix-2018 applicable to the petitioner for granting the benefit of Tripura Pay Matrix-2018 w.e.f. 1st October 2018 till the date of his retirement.

The entire process shall be completed within a period of three months from the date the petitioner shall furnish a copy of this order to the respondents.

The instant writ petition stands disposed in the above terms.