IMTI LONGCHAR Vs. STATE OF NAGALAND AND OTHERS

JUDGEMENT

(1.) This writ petition has been filed by a public spirited person in the form of Public Interest Litigation praying inter alia for issuance of writ of Mandamus directing the respondents to release the salaries of the employees of the Gauhati High Court, Kohima Bench for the month of Oct., 1995 with interest at the rate of 18%. This petition has been filed on 22.11.95.

(2.) Facts giving rise to filing of the present petition may be briefly recited. Salaries for the employees of Gauhati High Court, Kohima Bench for the month of Oct., 1995 was cleared by the Treasury on 2.11.95, and thereafter, the State Bank of India, Lerie Branch issued a deposit at call (not transferable) bearing No.DL 828703 dated 2.11.95 for a sum of Rs.1,97,043.00 (Rupees one lakh ninty seven thousand forty three). Despite of the issuance of deposit at call on 2.11.95, the salary was refused to the employees by the Branch Manager, SBI, Lerie Branch on one pretext or the other till this petition has been filed for a writ of Mandamus as stated above. It is also stated that the staff of Kohima Bench of Gauhati High Court made endeavour to meet the Branch Manager, Lerie Branch on several occasions, but they could not contact him on the pretext that the Manager is not available in his office, although it was certain that the 3rd respondent was in the office but refused to meet the employees of the Kohima Bench of the Gauhati High Court feigning absence in the office. It is stated at the Bar that ultimately the salary for the month of Oct. 1995 has been released on 27.11.95.

(3.) On 22.11.95 while issuing a Rule, returnable within a month, this Court also directed the 3rd respondent, the Branch Manager, SBI, Lerie Branch to appear before this Court at 10.30 A.M. on 23.11.95 and explain why salary and allowances of the employees of this Court have not been released. Pursuant to the direction, 3rd respondent appeared before this Court on 23.11.95 and explained that the only ground for non-payment of salaries is for lack of remittance from the Reserve Bank of India, Guwahati Branch. It is on the basis of this statement, the Currency Officer, RBI has been ordered to be impleaded as party respondent No.5.