Tripura High Court
Smt. Prabhati Debbarma vs The State Of Tripura on 2 June, 2022
Author: Arindam Lodh
Bench: Arindam Lodh
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HIGH COURT OF TRIPURA
AGARTALA
WP(C) No. 83 of 2022
Smt. Prabhati Debbarma
.....Petitioner
Versus
The State of Tripura
And 4 Others
.....Respondents
For the Petitioner(s) : Mr. P. K. Pal, Advocate Mr. H. Debbarma, Advocate For the Respondent(s) : Mr. D. Sarkar, Advocate Mrs. Sarama Deb, Advocate HON'BLE MR. JUSTICE ARINDAM LODH Order 02/06/2022 Heard Mr. P. K. Pal, learned counsel and Mr. H. Debbarma, learned counsel appearing for the petitioner. Also heard Mr. D. Sarkar, learned counsel appearing for the Corporation (respondent Nos. 2, 3 and
4) and Mrs. Sarama Deb, learned counsel appearing for the State- respondent.
This writ petition has been filed by the petitioner for granting gratuity and leave encashment. Page 2 of 4
The petitioner was an employee under the respondent Nos. 2, 3 and 4. He had served as many as 40 (forty) years under the same respondents. There is no adverse entry in his service record. After his retirement, the respondent No. 2 had written a letter alleging that there are some outstanding dues. It is further alleged by letter dated 20.03.2020 that for the financial years 2005-06, 2006-07, 2007-08, 2008-09, 2009-10 and 2010-11, 2011-12, he could not produce vouchers relating to expenditure incurred under different schemes of the Government.
The petitioner retired from his service on 31.01.2020. Before his retirement, no allegations had been levelled against him. There was no charge of financial irregularities or misappropriation against the petitioner. However, the petitioner after receipt of the said letter dated 20.03.2020 had given an explanation by his reply dated 20.03.2020. The contents of the entire reply are reproduced herein-below for ready reference.
"To The Deputy Manager, (North) Zone, Kumarghat.
Ref.No-2-16/TRPC/NZ/DyM/2019-20-3045-46 dt.20/03/2020 Sub: Ledger Balance Sir, With reference above the cited Subject-I have the honour to inform you that I have received a Register letter from Post office which was sent from Deputy Manager, North Office on 28-03-2020 and mentioned Regarding Ledger Balance.
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I am very much unfortunate to reply your letter that I have submitted (N.L.C.P.R) Bills and Vouchers of Avhanga R.P.C., Katalutma Project, Kanchancherra R.P.C. & Machli and Karamcherra R.P.C in due time to North Zone Kumarghat office. Why the then Dy. Manager is not adjusted, I do not know.
The original Vouchers of (M.G.N.R.E.G.P.)Avanga R.P.C. & Katalutma Project submitted to Dhalai DM Office and adjusted accordingly. There are no outstanding Ledger Balance of myself.
The Duplicate Vouchers submitted to Kumarghat, Deputy Manager Office.
This is for your kind information and doing the needful action please.
Yours faithfully, Saroj Debbarma"
Without going further into the merit of the case, in my opinion, since the respondents could not level any allegations against him during his service period, the petitioner should not be deprived of his legitimate gratuity and leave encashment.
I have already observed that the respondents had demanded vouchers for the financial years 2005-06, 2006-07, 2007-08, 2008-09, 2009-10 and 2010-11, 2011-12 to 2012. Had there been any irregularities regarding submission of vouchers, then, it could have been brought to the notice of the petitioner within a reasonable period of time, and the reasonable period of time, in the opinion of this court, would have been maximum one and half years. The respondents had failed to level any allegations till the date of his retirement. Page 4 of 4
In my considered view, this is merely a harassment to the petitioner. As such, I allow this writ petition directing the respondent Nos. 2, 3 and 4 to release the gratuity and pension and other retiral benefits of the petitioner within a period of 3 (three) months from today, failing which the respondents concerned shall face contempt of court's proceeding.
Needless to mention here that the petitioner shall be entitled to statutory interest @ 6% per annum till the release of gratuity.
With the aforesaid observations and directions, the instant writ petition stands allowed and disposed.
JUDGE Snigdha