V D DULERA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Service of Rule is waived by learned AGP Mr.Bhate for and on behalf of the Respondents. In view upon consensual request and also the urgency since there is an involvement of serious question of payment of interest on delayed payment, for more than a decade the matter is heard today on merits.

(2.) The petitioner in this petition, has questioned the inaction and non-payment of interest, on the ground of delayed payment of the amount of difference, arising out of the order passed by the respondent-authority, granting promotion with deemed date i.e. w.e.f. 2/1/1971 with a further direction to treat the period from 1971 to 1978 as notional promotion, whereas, dues arising out of the deemed date of promotion with pecuniary benefits for the period from 1979 onwards. For a period running over more than 11 years interest is claimed by invocation of the provisions of Article 226 of the Constitution of India and claiming the interest, at the rate of 18% p.a. for delayed payment raising plea of no fault of the petitioner. The claim made by the petitioner is not challenged by filing affidavit-in-reply and as a matter of fact and virtually factual profile does not seem to be in any controversy except the rate of interest only at the time of making submission.

(3.) It will be, therefore, material and relevant, at this juncture, to highlight some of the important dates and events, which would have substantial effect and influence in decision-making process, upon a Judicial Review in this petition under Article 226. Following aspects have, unquestionably, emerged from the record: