Tripura High Court
Employment and Labour LawSocial Security and Pensions

All retiral benefits must reflect the corrected last basic pay, with recovered sums refunded.

Smt. Dali Das vs The State of Tripura and 4 others

Tripura High CourtJUDGMENT: September 25, 20262 MIN READSOURCE JUDGMENT
All retiral benefits must reflect the corrected last basic pay, with recovered sums refunded.. Smt. Dali Das vs The State of Tripura and 4 others. Tripura High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The petitioner, a retired Health Worker (Female), challenged the revision of her pay and proposed recovery of an alleged excess payment of ₹4,08,308.

Source reference: paras. 2–4, pp. 2–3

The Accountant General had questioned her last basic pay of ₹66,400 and sought its revision to ₹62,400; the Chief Medical Officer subsequently directed her to refund the alleged excess.

Source reference: paras. 2–4, pp. 2–3

During the writ proceedings, the State respondents revisited her pay fixation and submitted that her correct last basic pay was ₹68,400, having granted her the third ACP benefit rather than the earlier stepping-up benefit.

Source reference: paras. 6–7, p. 4

The parties asked the Court to dispose of the petition on that basis.

Source reference: para. 8, p. 4
02

Issues

1. Whether the petitioner’s pensionary benefits should be calculated on the basis of a last basic pay of ₹68,400, as stated in the State’s revised calculation.

Source reference: paras. 6–8, p. 4

2. Whether the challenged recovery and pay-revision directions should stand, and whether any amount already recovered should be returned.

Source reference: paras. 4–5, pp. 2–3; para. 9, p. 4
03

Law Applied

The judgment cites no statute, service rule, or precedent as the basis for its decision.

Source reference: paras. 6–8, p. 4

It disposed of the matter on the State respondents’ revised pay calculation and the parties’ submissions that the petitioner’s last basic pay should be treated as ₹68,400.

Source reference: paras. 6–8, p. 4

The Court accordingly directed that her pension be fixed on that basis and that no further recovery be made.

Source reference: para. 9, p. 4
04

Reasoning

The initial dispute concerned whether the petitioner’s pay had been correctly fixed and whether the alleged excess payment could be recovered.

Source reference: paras. 4–5, pp. 2–3

During the proceedings, the State revisited the fixation, accepted the Accountant General’s objection to the earlier stepping-up treatment, and granted the petitioner the third ACP benefit instead.

Source reference: paras. 6–7, p. 4

Its revised calculation placed her last basic pay at ₹68,400, and both sides sought disposal on that basis.

Source reference: paras. 6–8, p. 4

The Court therefore directed pensionary recalculation using the revised figure and quashed the earlier communications that had prompted the pay revision and recovery.

Source reference: para. 9, p. 4
05

Holding

The writ petition was disposed of with a direction to fix the petitioner’s pension using a last basic pay of ₹68,400, release any arrears of leave encashment and gratuity, return any amount already recovered, and make no further recovery.

Respondent No. 5 was directed to issue a fresh Pension Payment Order, and the exercise was to be completed within two months of receipt of the judgment.

Source reference: para. 9, p. 4

The Accountant General’s letter dated 20 February 2025 and the Chief Medical Officer’s letter dated 15 November 2025 were quashed.

Source reference: para. 9, p. 4
Tripura High Court

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Smt. Dali DasvsThe State of Tripura and 4 others

Tripura High Court · September 25, 2026

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