S C BHATNAGAR Vs. UNION OF INDIA

JUDGEMENT

(1.) With the consent of the appellant and the respondent, the appeal preferred by the appellant against the judgment of learned Single Judge dated 7/4/1983 was disposed of on 6/4/1989 and following order was passed:-

(2.) This application was moved by the appellant on 2/3/1995 seeking clarification in regard to the payment of arrears of salary to the appellant for the period from 17/1/1991 to 31/12/1993 with direction that the respondents be directed to pay the arrears of salary in the pay scale of Rs.550- 750 with all other consequential benefits. Despite number of opportunities no separate reply was filed by the respondents to this application except by taking up the stand that complete and comprehensive reply was filed during the course of proceedings under the Contempt of Courts Act initiated by the appellant in order to enforce the judgment of this Court.

(3.) We have gone through the contents of the application as also the version of the respondents in the reply to the show cause notice in C.C.P.No.112/90. The stand of the respondents is that though the order dated 6/4/1989 was passed directing that the appellant be given due promotion to the grade of Rs.550-750 from 17/1/1981 and to the grade of Rs.700-900 from 1/1/1984, there was no specific direction issued for making any payment to the appellant. Intention at the time of disposal of the appeal was that the appellant would get whatever is permissible under law and rules on the basis of the promotions as directed. It is stated that pursuant to the said order dated 6/4/1989 promotion was duly given to the appellant to the scale of Rs.550-700 by way of proforma fixation with effect from 17/1/1981. Initially promotion of the appellant to the grade of Rs.700-900 had been ordered from 11/7/1986 on the basis of normal rule but by virtue of the order the same was granted in the grade of Rs.700- 900 from 1/1/1984. Arrears in the grade of Rs.700-900 were also given from 1/1/1984 to 6/5/1990, the date of retirement against re- structured post. It is also stated that as the appellant neither worked nor shouldered the responsibility of the higher post, therefore, he was not paid arrears in the grade of Rs.550-750 from 17/1/1981.