UTTAM SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner was working as a Patwari in the Revenue Department. His services were terminated. The petitioner challenged the order terminating his services before this Court by way of filing S.B. Civil Writ Petition No. 1032 of 1979. The writ petition, filed by the petitioner, was allowed by a Single Bench of this Court on 6.12.1985. While deciding the writ petition, the High Court directed the respondents to reinstate the petitioner in service and pay him the arrears of salary from 23.1.1963 to 1.6.1978, till he was reinstated in service. After the decision of the writ petition, the petitioner approached the respondents for payment of the arrears of salary and made representations but the payment was not made to thin and therefore, the petitioner preferred this writ petition before this Court with the prayer that the respondents may be directed to make payment of the arrears of salary with interest @ 18% per annum, compensation of Rs. 10,000/ - and the cost of Rs. 5000/ -.

(2.) IT is contended by the learned Counsel for the petitioner that inspite of the best efforts of the petitioner, neither the fixation of his salary was made not was the payment of arrears of salary made to him. The arrears of the salary was paid to him only in the year 1991, i.e. after about more than five years of the disposal of the earlier writ petition and therefore, he should be awarded interest on the delayed payment of the arrears of salary and compensation as well as the cost of the writ petition. Learned Counsel for the respondents, on the other hand, has submitted that every efforts were made by the Collector that the order of the High Court may be complied with and the payment of arrears of salary may be made to the petitioner but the delay in the payment occurred on account of administrative reasons.

(3.) THE petitioner has been reinstated in service and the fixation of his salary has already been made. The petitioner has, also been paid the arrears of salary in the year 1991. The salary for the period from January, 1963 to June 6, 1978 amounting to Rs. 44,191/ - was paid to the petitioner on 25.2.91 and the salary for the period from 7.6.78 to 30.11.90, amounting to Rs. 54,045/ - was paid to the petitioner on 21.6.91. Since the fixation has been made and the arrears of salary has been paid to the petitioner, hence the only question that requites consideration in the present case in whether the petitioner is entitled for interest on the delayed payment of the salary alongwith compensation and cost?