KAMLESHWAR PANDEY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Learned Counsel for the petitioners submitted that the arrears of salary for the period running from 1st January, 1971 to 31st March, 1973, has not been deposited in their provident fund accounts in time and therefore, had there been prior deposition of the amount in time, the petitioners would have earned the interest upon the said amount of the provident fund and therefore, amount of interest may be ordered to be paid to the petitioners. It is also contended by the learned Counsel for the petitioners that let a direction may be given to respondent No. 3 to calculate the amount of interest and mike the payment, within stipulated time.

(2.) I have heard learned Counsel for the respondents, who has submitted that it is true that on earlier occasion also, a Division Bench of this Court has given a direction, as stated in L.P.A. No. 651 of 2002, vide order dated 30th April, 2003, which is a firmed by the Hon'ble Apex Court in Special Leave to Appeal (Civil) No. 5803 of 2004, as per Anneuue-3 to the memo of the present petition, that the amount of interest upon die arrears of salary for the aforesaid period shall be calculated by respondent No. 3, in accordance with law.

(3.) In view of the aforesaid submissions, I hereby direct respondent No. 3 to calculate the interest upon the arrears of salary for the period running from 1st January, 1971 to 31st March, 1973, which has not been deposited in time, in the contributory provident fund accounts and therefore, had there been a deposition of the aforesaid amount in time, the petitioners would have earned the interest upon the said amounts, which is fixed for contributory provident account and interest applicable thereupon, at the relevant time from 1971 onwards It has been decided by the Division Bench of this Court in L.P.A No. 651 of 2002 which, reads as under: