SAMIR KUMAR GHOSH Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Petitioner is a retired employee of Agartala Municipal Corporation ('AMC' for short). He has filed this petition praying for a direction to the respondents to pay his gratuity on the basis of his last pay drawn inclusive of basic salary and dearness allowance and by applying revised ceiling of Rs.10,00,000/- for payment of gratuity. His request is that the deficient amount of gratuity be paid with interest from the date of retirement till actual payment.

(2.) Brief facts are as under:

(3.) The case of the department, however, is that the petitioner is not governed by the said Act since the AMC has adopted CCS (Pension) Rules, 1972. The petitioner is receiving pension as per the said rules. A provisional gratuity of Rs.3,00,000/- was sanctioned and paid. Subsequently, a further sum of Rs.1,00,000/- was sanctioned towards remaining gratuity on 21st September, 2017. The respondents would point out that as per the Finance Department notification dated 5 th May 2009, there was a ceiling of Rs.4,00,000/- for payment of gratuity. Such ceiling was revised to Rs.10,00,000/- by a notification dated 11 th July, 2017. The petitioner having retired before the said date, pre-revised limit of payment of gratuity of Rs.4,00,000/- has been applied in his case.