NARESHKUMAR DAVE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Mr. Pranav Dave, learned advocate waives service of notice of Rule on behalf of the respondents.

(2.) BY way of this petition under Article 226 of the Constitution of India, the petitioner has prayed for an appropriate writ, order and/or direction, quashing and setting aside the letter dated 6th February,2008 and directing the respondents to pay 10% interest on the amount of Rs. 3,39,957/- to the petitioner from 1. 8. 2002 till payment.

(3.) AT the outset, it is required to be noted that pay verification of the petitioner was done, in pursuant to the order passed by this Court in Special Civil Application No. 12284 of 2005 and immediately thereafter, after considering the decision of this Court and pay verification, the arrears has been paid to the petitioner. Under the circumstances, there is no gross negligence and delay on the part of the respondents. It is required to be noted that the petitioner had prayed for interest in Special Civil Application No. 12284 of 2005 and this Court has not passed an order in the same. In view of the above, it cannot be said that there is deliberate gross delay on the part of the respondents.