KISHORE KUMAR Vs. P. MITRA AND ANR.

JUDGEMENT

(1.) IN sequel to order dated 7.1.2001, Mr. P. Mitra and Rattan Singh are present in the Court. Mr. P. Mitra, Principal Secretary (Revenue) submits that an L.P.A. is being preferred against the judgment rendered by this Court in CWP (T) No. 8157 of 2008 dated 5.3.2010. However, he submits that for the time being, subject to outcome of the L.P.A., Petitioner can be paid arrears for the period of three years. The offer made by Mr. P. Mitra is just and fair. He has also brought to the notice of the Court that the arrears, in fact, are payable to the Petitioner with effect from April, 1989 and not with effect from 1.1.1986. It is not in dispute that the Petitioner was, in fact, appointed in the month of April, 1989. Thus, the arrears are to be paid to the Petitioner, as per judgment, with effect from April, 1989.

(2.) ACCORDINGLY , in view of the observations made hereinabove, the Respondents are directed to release the arrears of the salary of the Petitioner for a period of three years, within a period of one month from today. However, it is made clear that the payment of arrears to the Petitioner shall abide by the outcome of L.P.A. to be preferred against the judgment dated 5.3.2010.