KRISHNA MURARI SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Though writ petition was filed for various relief but the controversy is now confined only to the claim of the petitioner with regard to the interest on the amount of arrears of salary, pay revision/fixation, TA bills and arrears of GPF contribution.

(2.) It is contended by Shri Bhupendra Pareek, learned counsel for the petitioner that arrears of salary for the different period amonting to Rs.35,771/- has been paid to the petitioner vide D.D. No.221796/19.1.07 which pertains to the period 10 years ago. Besides this, it is contended that part payment is made on the basis of leave applied for by the petitioner on 1/3/2006 consequent upon finalization of the departmental enquiry on 23/2/2006. Petitioner has also been paid the arrears of TA bills to the tune of Rs.5412/-. Petitioner has further contended that the payment of arrears consequent upon revision of pay scale and fixation/increments to the tune of Rs.4,49,848/- has also been released to him vide Cheque No.826549 on 19/3/2007. Learned counsel for the petitioner has further submitted that the amount of G.P.F. has been deposited by the respondents in the government treasury with the enormous delay and if this amount was deposited in time, petitioner would have been entitled to the interest @ 10% on such deposited amount.

(3.) Respondents in reply to the writ petition contended that action was taken to comply with the order passed by the Tribunal on 20/7/1999 but the fact that payments have been released to the petitioner after delay, is not in dispute. It is evident that petitioner was not paid arrears of salary and also increments, pay revision, TA bills and GPF contribution for last 10 years and the benefit of 5th Pay Commission has been paid to him after such a delay. All this amount which was due to the petitioner was admittedly retained by the respondents during the intervening period.