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. 2–3The 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. 2–3During 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. 4The parties asked the Court to dispose of the petition on that basis.
Source reference: para. 8, p. 4Issues
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. 42. 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. 4Law Applied
The judgment cites no statute, service rule, or precedent as the basis for its decision.
Source reference: paras. 6–8, p. 4It 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. 4The Court accordingly directed that her pension be fixed on that basis and that no further recovery be made.
Source reference: para. 9, p. 4Reasoning
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. 2–3During 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. 4Its revised calculation placed her last basic pay at ₹68,400, and both sides sought disposal on that basis.
Source reference: paras. 6–8, p. 4The 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. 4Holding
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. 4The 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. 4Original Court PDF
Smt. Dali DasvsThe State of Tripura and 4 others
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