UNION OF INDIA Vs. UPTAKHALI SCIENCE CLUB

JUDGEMENT

(1.) Heard Mr. B. Majumder, learned Central Govt. Counsel appearing for the appellants as well as Mr. K. Nath, learned counsel appearing for the respondent.

(2.) This intra court appeal is directed against the order dtd. 09/01/2020 delivered in WP(C) No.867/2019 (M/s. Uptakhali Science Club v. Union of India and others). Despite their best persuasion, the writ petitioner-respondent did not get the payment due to them for implementation of skill development programme successfully. For withholding the payment, there had been no reason at all. Consequently, the writ petitioner-respondent filed the writ petition urging this Court for mandating the respondents (the appellants herein) to release the amount to the extent of Rs.9,93,000.00 with interest. Learned Single Judge has observed that there is no dispute about the satisfactory completion of the training programme. There is no dispute about the computation of the claim as raised by the petitioner (the respondent herein). The respondents therefore, have been asked to release the said amount of Rs.9,93,000.00 with reasonable interest for the late payment. Having observed thus, the following directions have been issued by the learned Single Judge:

(3.) Mr. B. Majumder, learned Central Government counsel appearing for the appellant has submitted that grievance of the appellant is confined to the direction of making payment of interest at 7.5% per annum from the day of expiry of three months from the day of raising of the bills till the actual payment is made. According to Mr. Majumder, in the scheme, there is no provision for providing interest for delayed payment and hence, the writ petitioner cannot claim any interest for the delayed payment. He has further submitted that since the fund was not available with the competent authority, the payment as due to the writ petitioner could not be made.