The State of Tripura v. Nirmal Hrishi Das

Judgment & order

:

23.09.2024

Whether fit for reporting

:

HON'BLE THE CHIEF JUSTICE APARESH KUMAR SINGH HON'BLE MR. JUSTICE S. DATTA PURKAYASTHA

JUDGMENT & ORDER (ORAL)

Heard Mr. S.S. Dey, learned Advocate General appearing for the state-appellants and Mr. P. Roy Barman, learned senior counsel assisted by Mr. Samarjit Bhattacharjee, learned counsel appearing for the writ petitioner-respondents in some appeals. As agreed by the learned counsel of both sides, the appeals are being disposed of at admission stage.

[2]

All the Writ Appeals have arisen out of the common judgment and order dated 26.04.2024 passed by the learned Writ Court in W.P.(C) No.489 of 2023 decided analogously with 14 other similar writ petitions. Therefore, both the appeals are heard together and are disposed of by this common judgment.

[3]

All the writ petitioners were the employees of Tripura Road Transport Corporation (for short-TRTC) in different capacities and on attaining the age of superannuation, all of them went on retirement but they were not allowed to draw Leave Encashment as a part of their retiral benefits. For that reason, they sent representations to the respondent-appellants and the same being regretted, they all filed the above said 15 number of writ petitions.

✔

[4]

Some of them also earlier filed some writ petitions and same were disposed of by the learned writ court directing the respondent-appellants to consider their representation and for non-compliance of such direction, contempt proceeding was also initiated which was ultimately disposed of by the Court as the TRTC placed a communication before the Court indicating that the corporation was having no objection to make the payment but due to financial constraint, they had requested the State Government for sanctioning of required fund. Later on, when no fruitful result came out, all the above said writ petitions were again filed. Anyway, after hearing, by the impugned judgment, learned writ court finally passed the following order:

¶64In view of the above discussion, the writ petitions are allowed declaring the petitioners entitled for the leave encashment and there shall be a direction to the TRTC respondents herein, to look into the matter and settle the claim of the petitioners as expeditiously as possible preferably within a period of six months from the date of receipt of the copy of this order. In default, the petitioners may avail remedies before the competent Civil Court for recovery of the said amount.

[5]

While giving such directions, it was observed by the learned writ court that the TRTC had recognised the entitlement of its employee under Rule to have earned leave and moreover, vide notification dated 12.05.1972 it was prescribed that all the state rules were applicable to the employees of said Corporation and so far as the TRTC Act and Rules were concerned, there was no express provision for providing or dealing with the leave encashment to its employees, however, when there was no inconsistency and since the provision pertaining to leave encashment were silent in the TRTC Act and Rules, Tripura Civil Services Rules would apply. It was also observed by the learned writ court that the respondents had already extended leave encashment benefit to some of its employee and therefore, the action of the Corporation in respect of the present writ petitioners with regard to payment of leave encashment was discriminatory. Moreover, the TRTC authority also made a communication dated

08.09.2023 to the Finance Department indicating the need of Rs.14,17,31,141/- to settle the leave encashment demand of its employee and it was, therefore, manifested

that the TRTC was also interested to pay the said amount but they were not in a position to meet the financial burden and had to depend on the State Government. Finally, the writ court held that the writ petitioners were entitled to have leave encashment benefit.

[6]

Ld. Writ Court also took note of a decision of the Apex Court rendered in Jagadish Prasad Saini & ors. v. State of Rajasthan & ors., 2022 Live Law (SC) 801, where dealing with the issue of issue of leave encashment benefit of employees of who were initially employees of grant in aid school and later on absorbed in State service of Rajasthan, the Apex Court made reference of another decision of the said Court in case of State of Rajasthan & anr. V. Senior Higher Secondary School, Lachhmangarh, 2005 (10) SCC 34. In that case, while referring to the provision of sections 2(r) and 29 of Rajasthan Non-Government Educational Institutions Act, 1989 it was observed that the expression "pay and allowances" has a wider connotation and it includes the benefit of leave encashment which is nothing but salary for the unavailed leave to the credit of the employee. [7]

On 05.08.2024 when all the appeals were taken up for admission, Mr. Dey, learned Advocate General initially sought time to have deliberation with the officials of the State Government and the Corporation on the issue of preparing a scheme through which admissible amount under the leave encashment would be disbursed to the eligible employees in view of weak financial condition of TRTC. Finally, on 21.09.2024 an affidavit has been submitted by the Managing Director of TRTC and for useful purposes, the relevant portion of the affidavit is extracted herein below: "2. That the humble Writ Appellants beg to submit that the TRTC Management with the guidance of the State Government has come up with a roadmap containing means and measures to pay leave salary to the retired employees of the Corporation.

¶3That TRTC Management shall make all endeavours to clear the leave salary dues of its retired employees in the following disbursement schedule:

Sl. No. Year of Retirement Number of Employees Amount involved (Rs. In Lakhs) Remarks shall cleared within 1995-2000

17.82 Within a month, i.e., by September, 2024 2001-2005

53.50 May, 2025 2006-2010

229.86 January, 2026 Alongside the above schedule of payment, leave encashment dues in respect of all employees retiring post 2010 till 2024 will be cleared within December, 2027.

¶4That hence a total time period of three years up till December, 2027 shall be required to clear all pending and current leave encashment dues. It is further most humbly submitted that the TRTC Management will not be capable of taking any further burden of interest amount on any leave encashment dues on the plea of delayed payment as per the schedule proposed hereinabove. Hence, no interest component may be allowed to be charged on payment of any leave salary….."

[8]

Mr. Dey, learned Advocate General in view of the above said affidavit submitted by the Managing Director of TRTC submits that all the writ appeals may be deposed of in the light of the assertions made in the said affidavit giving a scope to the Corporation to clear up all pending and current leave encashment dues to the retired employees of TRTC by December, 2027. [9]

Mr. Roy Barman, learned senior counsel on the other hand submits that while clearing the dues on leave encashment, priority may be given to the present writ petitioners who have already approached this Court and after their dues are paid, payment may be made to the other similarly situated retired employees. Mr. Roy Barman, learned senior counsel also submits that some of the writ petitioners i.e. respondents of the present appeals have already expired without getting the benefit of such leave encashment and if their claims are not settled by the Corporation, their legal representatives will be in serious financial sufferance. [10]

We have given our due consideration to the affidavit submitted by the Corporation and are of the view that the TRTC should endeavour to clear up all the

dues under leave encashment to all the retired employees of TRTC by December, 2026 ahead of their projected date of December, 2027, by generating it resources. We are however also of the view that if the submission of Mr. Roy Barman, learned senior counsel that first of all payment should be made to all the present writ petitioners, is allowed, it will invite further complicacies in the matter of clearing up the dues of leave encashment to all the retired employees in an uniform and phased manner by the TRTC and as such, such request is not accepted.

[11]

Situated thus, in the light of the undertaking given by the TRTC, the appellants should make all efforts to ensure that the leave encashment benefits are paid to all the retired employees of the TRTC as per their eligibility who have gone into retirement from 1995 till date, in a phased manner by December, 2027 and if possible, even earlier as observed in the previous paragraph. In the cases where the original writ petitioners have already expired, the appellants shall make payment of such leave encashment benefit to their respective legal representatives as per eligibility within next six months. [12]

With such observations and directions, the impugned judgment is partly modified. All the appeals are accordingly disposed of.

Interim application(s), if any, also stands disposed of.

(S.D. PURKAYASTHA), J

(APARESH KUMAR SINGH), CJ

Sujay SUJAY GHOSH Date: 2024.10.07 14:45:47 +05'30'

IN THE HIGH COURT OF TRIPURA A G A R T A L A W.A. No.59 of 2024 W.A. No.64 of 2024 W.A. No.66 of 2024 W.A. No.67 of 2024 W.A. No.68 of 2024 W.A. No.69 of 2024 W.A. No.70 of 2024 W.A. No.71 of 2024 W.A. No.73 of 2024 W.A. No.74 of 2024 W.A. No.75 of 2024 W.A. No.76 of 2024 W.A. No.78 of 2024 W.A. No.81 of 2024 W.A. No.82 of 2024 In W.A. No.59 of 2024 1. The State of Tripura to be represented by the Secretary, Department of Finance, Government of Tripura, New Secretariat Building, New Capital Complex, Agartala, West Tripura, Pin- 799010. 2. The Secretary Department of Finance, Government of Tripura, New Secretariat Building, New Capital Complex, Agartala, West Tripura, Pin- 799010. 3. Tripura Road Transport Corporation (TRTC) (A Government of Tripura undertaking) to be represented by the Chairman, Tripura Road Transport Corporation, Krishnanagar, Agartala, West Tripura, Pin- 799001 4. The Managing Director Transport Corporation, Krishnanagar, Agartala, West Tripura, Pin- 799001 5. The Secretary Department of Transport, Government of Paribahan Bhaban, Astabol, Northgate, Agartala, West Tripura District, Pin- 799001 ……… Appellant(s) 1. Bhupati Ranjan Bhowmik. son of Late Nilmohan Bhowmik, Resident of B.K lane, Joynagar, Agartala, West Tripura, Pin- 799001. 2. Anil Chandra Bhowmik Son of Late Harendra Nath Bhowmik, Resident of 4. No. Colony Chandrapur Colony, Indira Nagar, South Tripura, Pin- 799013. 3. Sudharshan Chakraborty Son of Late Sudya Kanta Chakraborty, Resident of Hospital Road, Extn. Gandhighat Agartala, West Tripura 4. Sankar Deb Son of Late Gopal Ch. Deb, Resident of – Badharghat, Mataripalli, Agartala, West 5. Saradindu Debbarma Son of Late Bikash Ch. Debbarma, Resident of Thakur Palli Road, Krishnanagar Agartala, West Tripura 6. Narendra Debbarma Son of Late Sachindra Debbarma, Resident of Jiten Akhari Bari, Champa Hour, Khowai 7. Haripada Debbarma Son of Late Kishori Mohan Debbarma, Resident of Jagannath Bari Road, Agartala, West Tripura 8. Lal Zakim Rokhum Son of Late Shil Nung Rokhum, Resident of Howai Bari, Teliamura, Tripura. 9. Md. Gias Uddin Son of Late Abdul Nur, Resident of Dhupirband, North Tripura, Pin- 799013 10. Adhir Ch Das Son of Late jagadananda Das, Resident of Dimsagar, Agartala, West Tripura. 11. Arjun Nath Bhowmik Son of Late Nagendra Nath Bhowmik, Resident of Khas Chowmohani, West 12. Dilip Kumar Saha Son of Late Dinabandhu Saha, resident of Jagaharimura, College Tilla, Agartala, West Tripura, Pin- 799004. ………… Respondent (s) In W.A. No.64 of 2024 1. The State of Tripura to be represented by the Principal Secretary, Department of Transport, Government of Tripura, New Secretariat Building, New Capital Complex, Agartala, West Tripura, Pin-799010 2. The Secretary Department of Finance, Government of Tripura, New Secretariat, Building New Capital Complex, Agartala, West Tripura, Pin 799010 3. Tripura Road Transport Corporation (TRTC) (A Government of Tripura undertaking) to be represented by its Managing Director, Transport Corporation Krishnanagar Agartala, West Tripura, Pin 799001 4. The Managing Director Transport Corporation Krishnanagar, Agartala, West Tripura, Pin 799001 ……… Appellant(s) Ranjit Kumar Deb Son of Late Amulya Chandra Deb, Presently Residing at Pyari Babur Bagan, West Joy Nagar, Agartala, 799001 (Age 71 years) ……… Respondent(s) In W.A. No.66 of 2024 1. The State of Tripura to be represented by the Secretary, Department of Finance, Government of Tripura, New Secretariat Building, New Capital Complex, Agartala, West Tripura, Pin-799010 2. The Secretary Department of Finance, Government of Tripura, New Secretariat, Building New Capital Complex, Agartala, West Tripura, Pin 799010 3. Tripura Road Transport Corporation (TRTC) (A Government of Tripura undertaking) to be represented by its Managing Chairman, Transport Corporation, Krishnanagar, Agartala, West Tripura, Pin 799001 4. The Managing Director Transport Corporation Krishnanagar, Agartala, West Tripura, Pin 799001 ……… Appellant(s)