GOPAL RAM Vs. UNION OF INDIA

JUDGEMENT

(1.) A short question which requires determination is as to whether the respondents can withhold payment of salary and allowances to the 9 petitioners who have been appointed in the service of the respondents. Petitioners have made a prayer that by issuing an appropriate writ, order or direction, the respondents may be directed to make payment of salary with compensation amount plus interest.

(2.) THE facts of the case are that the petitioners have been selected for appointment on various posts advertised vide advertisement dated 21. 7. 90 (An-nexure-1 ). All the petitioners had been subjected to interview by the competent authority and on having been found suitable, they were appointed on different posts by separate orders issued on 20. 8. 90, 23. 8. 90 and 24. 12. 1990. All the petitioners have joined services and are continuously discharging their duties in the service of the respondents. THEre is no complaint regarding their performance. However, none of the petitioners have been paid salary right from the dates of their joining the duty. Petitioners have come out with the case that other persons who have been appointed in the service on identical posts are being paid salary in the regular pay scale. Petitioners made representations to the authorities for payment of salary and ultimately served a notice for demand of justice through their counsel, but despite representations and notice for demand of justice, payment of salary has not been made to the petitioners. In these circumstances, the petitioners have filed this writ petition under Article 226 of the Constitution of India and have made a prayer to which reference has been made hereinabove.

(3.) COSTS made easy. .