J. H. SAGAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) xxx xxx xxx.

(2.) Now the only question to be considered and decided by me is as to whether the petitioner has to be paid interest or not and if 'yes' on what rate and from what date? There is no dispute of the fact that the petitioner had actually worked for the period running between 20-4-84 and 27-9-84 when the petitioner had put in actual work and when his. services were taken by the respondents. There was no justification in not making payment of the same to the petitioner by the respondents Nos. 1 and 2, as the case may be. When the respondents have taken the services from him, they were bound to make payment to the petitioner. Therefore, as regards the payment of pay and allowances for the period running between 20-4-84 and 27-9-84, I hold that the petitioner is entitled to get interest on the said amount from 1-10-84 till the date of the actual receipt of the said payment and he should be paid interest at the rate of 12 per cent for the said period.

(3.) As regards the period running between 27-9-84 and 16-9-85 it must be mentioned that the petitioner has received pay and allowances though he has not actually worked for the said period. I am aware that the petitioner was not absent from his duty but he was not allowed to work but the fact remains that he has not actually worked during this period. Therefore, I hold that the petitioner is not entitled to get interest for this period. However, the conduct of the respondents Nos. 1 and 2 in delaying the payment for this period is also not justified. Therefore, had the respondents Nos. 1 and 2 made payment for the said period within reasonable period after reappointing him on 16-9-85, then on account of the view I am taking, I would not have allowed any interest to him but the petitioner had moved Civil Application No. 4157/85 on 23-10-85 and when there was a direction of the Court on 5-11-85 on the said application, to make payment the respondents Nos. 1 and 2 were not justified at all in not making payment of the same. It is very pertinent to note that though there was a direction by the court to make payment within 4 weeks from the date of that order, the payment for the period running between 20-4-84 and 26-9-84 is made in the month of January 1985 and the payment for the period between 27-9-84 to 16-9-85 is made on 6-3-86. Therefore, in the circumstances, I hold that as regards the payment payable for the period running between 27-9-84 to 16-9-85 I hold that the petitioner is entitled to get interest thereon at the rate of 12 per cent from the date of the order, i.e. 5-11-85.