SHRIPATI TRIPATHI Vs. STATE OF U P

JUDGEMENT

(1.) We have heard Shri Vipin Kumar Saxena, learned Counsel for the Appellant. Learned Standing Counsel appears for Respondent Nos. 1 to 3. Shri Madhur Prakash appears for Respondent Nos. 4 and 5.

(2.) The Appellants are aggrieved by the judgment of learned Single Judge dated 8.3.2006 in Writ Petition No. 31355 of 2004 by which the writ petition claiming interest on the arrears of salary from 6.1.1978 to 31.12.1992, and other retiral benefits was dismissed.

(3.) Learned Single Judge observed, that the Petitioner serving as Cashier in Nagar Palika, Basti, was placed under suspension on 6.1.1978, on the charges of embezzlement of a part of the salary of the employees, to be deposited in recurring deposit scheme. The Writ Petition No. 23306 of 1989 filed by him was disposed of vide order dated 7.1.1993 directing the department to complete the departmental enquiry, and in case of failure, he was to be reinstated. The enquiry was concluded in the year 1998, after a period of 11 years, on the directions issued by the Court. Learned Judge found that when the matter was taken up on 21.12.2005, a detailed order was passed asking the officers to be present in Court. They appeared on various dates and handed over the demand drafts totalling the arrears of pay and pension to the Petitioner. A supplementary affidavit was filed stating that remaining outstanding of Rs. 1,30,709.90 was also paid through bankers cheque. He found that since the amount has been paid, the Court should refrain from passing any order for payment of interest. If the Petitioner feels aggrieved, he may approach the appropriate forum, for award of interest.