DHARAMINDER SINGH Vs. TEJINDER KAUR

JUDGEMENT

(1.) The petitioner along with various employees had filed C.W.P.No.10097 of 2000, inter alia, claiming the pay parity and consequential revised pay-scales including arrears thereof. The writ petition was allowed on August 7, 2002 and a direction was issued that first instalment of Rs.4.25 crores which was already allocated for payment of arrears of revised pay etc., shall be released and disbursed within a period of four weeks while the remaining amount was to be released within one year in as many instalments as the State considers appropriate. The Division Bench further directed that "in the event of default, the petitioners would be entitled to recover the amount along with interest at the rate of 9% per annum from the date of its being due till the date of payment proportionately. Alleging non-compliance of these directions, this contempt petition has been filed.

(2.) In response to the show cause notice, an affidavit has been filed by Mr.M.P.Singh, Secretary Higher Education, Department of Higher Education in which it is stated that the directions issued by this Court have been complied with and the petitioners have received full and final payment on October 14, 2005 vide receipt Annexure R-1.

(3.) As is clearly discernible from the order dated August 7, 2002 passed by this Court, all the arrears were to be paid within one year from August 7, 2002. Admittedly, the petitioner has been paid such arrears on October 14, 2005 only. Thus, there being a default, the petitioner is entitled to interest at the rate of 9% per annum from the date the amount became due till the payment thereof as directed by this Court vide judgment dated August 7, 2002 referred to above.