V S PAULRAJ Vs. CHAIRMAN

JUDGEMENT

(1.) I. The crux of the issue: The issue involved in these batch of writ petitions is the entitlement to interest for the arrears of salary and financial benefits accruing out of notional promotion from a retrospective date to an officer who is since superannuated. II. The facts in brief:

(2.) THE batch of writ petitions arise out of common orders passed on 19.7.2007 by the Central Administrative Tribunal, Madras Bench in O.A.NO.367 to 371 of 2006. One batch of writ petition has been filed by the applicant before the Tribunal and another batch is filed by the Chairman of the Central Board of Trustees, Central Provident Fund Organization. THE parties are referred as petitioner and respondent in the manner that they have been described in W.P.No.16770 of 2008. Although several reliefs had been adverted to in the batch of O.As,. we are however concerned only with the award of interest with reference to arrears of salary.

(3.) YET another event is of significance because during the pendency of the proceedings, the respondent had passed an order on 29.3.2007 promoting the applicant as Additional Provident Fund Commissioner with effect from 29.6.1989. On account of the orders that were passed, the prayers in several of the O.As became infructuous and all that became necessary for the Tribunal was stated in Paragraph 42 as follows: "42. in the circumstances, the applicant whose right was vindicated by the Bangalore Bench of this Tribunal in O.A.No.1087/1996, as upheld by Honourable Apex Court and the reliefs as allowed by this Tribunal in OA.No.349/2004 dated 6.1.2005, the onus of depriving the benefits in time to which the applicant is entitled to being on the respondent, the respondent is responsible for not only payment of interest of all benefits but also payment of cost of the litigation to the applicant. Hence with reference to all the arrears payable to the applicant in respect of the reliefs ordered based on the decision of the OA.349/2004, which itself flows out of OA.1087/1996, the applicant is entitled to payment of interest at the rate of 8% p.a. from the date on which the claims are due, till the date of payment and the respondent is directed to issue appropriate orders to that effect within a period of two months from the date of receipt of a copy of this order." III. Interest on arrears of pay - The residual point for consideration