RAJENDRA SINGH CHAUHAN Vs. STATE OF M P

JUDGEMENT

(1.) This intra Court appeal arises out of order dated 13/11/17 passed by learned Single Judge in W.P. No.1579/2016, whereby claim of the petitioner/appellant for reckoning his services rendered with private grant-in-aid school for the period 1/7/1966 till 24/8/1986 has been allowed and though directions have been issued for revision of pension and other retiral dues in consonance thereof, yet only conditional interest has been awarded from the date of the order, at the rate of 7.5% per annum, in the event of non payment of arrears within a period of three months from the date of communication of that order. The said order was sought to be reviewed in R.P. No. 1431/2017 which has come to be rejected on 19/12/17.

(2.) Learned counsel for the appellant submits that in fact no interest has been awarded to the appellant and only interest contingent upon failure to pay arrears within the stipulated time has been awarded, that too from the date of order, as indicated above. It is submitted that while passing the order, the learned Single Judge has placed reliance inter alia upon the decision in the case of Chet Ram Mishra Vs. State of M.P. rendered in W.P.No.1158/2007 wherein benefits have been extended along with interest at the rate of 7.5% per annum from the date it had fallen due till realisation, yet the learned Single Judge has withheld the said benefit, causing substantial financial prejudice to him. Accordingly, it is prayed that the order impugned be modified to the extent of awarding interest at the rate of 7.5% from the date it had fallen due till its realization.

(3.) Per contra learned Government Advocate has supported the order passed by the learned Single Judge and submitted that no interference is called for.