MANJIT SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner has filed this writ petition for issuance of a writ directing the respondents to pay 12% interest on account of delayed payment to him. As per the petitioner payment was due w.e.f. 11.12.1981.

(2.) The prayer is made in the factual background that the petitioner was appointed as Sub Inspector Cooperative Societies Punjab in 1961. He was not given seniority as per the merit by the SSS Board. He had filed C.W.P. No.9978 of 1988. A similar writ petition bearing No.901 of 1987 had also been filed by one Raghbir Singh Malik, which was allowed holding that the seniority should be determined on the basis of recommendations of SSS Board. The earlier writ petition filed by the petitioner was also allowed in the same terms on 18.8.2005. The consequential benefits were not released to the petitioner, for which he had filed COCP No.582 of 2006. The arrears of pay, gratuity and leave encashment etc. were accordingly released. The petitioner, thereafter, served a legal notice for grant of interest on account of delay in promotion due to him from 11.12.1981 and the interest was sought till the payment of arrears on account of notional promotion.

(3.) Notice of motion was issued. Reply is filed. While hearing the case on 7.1.2010, this Court observed that it is an admitted position that in earlier petition filed by the petitioner, no interest was granted to the petitioner. The question requiring consideration, thus, is to see if the second writ petition would be maintainable for claiming interest.