Point of Law: Hon’ble Supreme Court, clearly reveals that there was no direction to pay interest against so called delayed payments.

JUDGMENT :

1. These writ petitions under Article 226 of the Constitution of India have been preferred claiming the following reliefs:

S.B. Civil Writ Petition No. 13131/2016:

“It is, therefore, most humbly and respectfully prayed that this writ petition may kindly be allowed and by an appropriate writ, order or direction:-

(i) the respondents may kindly be directed to fix the pay of the petitioner in the pay-scale of Rs.8,000-13,5000 w.e.f. 27.10.1992 in pursuance of the order dated 27.06.1998 (Annex.3) and accordingly the basic pay on the date of retirement may be fixed at Rs.10,200/-with all consequential benefits, like arrears etc.;

(ii) the respondents may kindly be granted compound interest @ 9% per annum on the delayed payment of his retiral benefits w.e.f.01.12.2000;

(iii) any other appropriate writ, order or direction, which this Hon’ble Court may deem fit and appropriate in favour of the petitioner in the facts and circumstances of the case, may also kindly be passed in the interest of justice; and

(iv) cost of litigation may also kindly be ordered to be awarded to the petitioner.”

S.B. Civil Writ Petition No. 14145/2016:

“It is, therefore, most humbly and respectfully prayed that this writ petition may kindly be allowed and by an appropriate writ, order or direction:-

(i) the respondents may kindly be directed to fix the pay of the petitioner in the pay-scale of Rs.8,000-13,5000 w.e.f. 28.05.1989 in pursuance of the order dated 15.10.2015 (Annex.5) and accordingly the basic pay on the date of retirement may be fixed with all consequential benefits, including arrears with interest;

(ii) the respondents may kindly be granted compound interest @ 9% per annum on the delayed payment of his retiral benefits w.e.f.01.12.2000;

(iii) any other appropriate writ, order or direction, which this Hon’ble Court may deem fit and appropriate in favour of the petitioner in the facts and circumstances of the case, may also kindly be passed in the interest of justice; and

(iv) cost of litigation may also kindly be ordered to be awarded to the petitioner.”

2. Since both the instant petitions involve a common controversy, though with marginal variation in the contextual facts, therefore, for the purposes of the present analogous adjudication, the facts are being taken from the above-numbered S.B. Civil Writ Petition No.13131/2016, while treating the same as a lead case.

3. Brief facts of the case, as placed before this Court by Mr.G.R. Punia, learned Senior Counsel assisted by Dr. Shanti Choudhary, appearing on behalf of the petitioners, are that the petitioner was appointed as Field Supervisor (Soil Conservation) in the erstwhile Department of Soil Conservation (now, Agriculture Department) vide order dated 12.10.1965 in the pay scale of Rs.75-160, pursuant whereto he joined his duty, and the petitioner subsequently, was confirmed on the post of Field-man. However, the nomenclature of the post of Field-man (Soil Conservation) was changed to Agriculture Supervisor.

3.1 The Directorate of Agriculture, vide circular dated 23.05.1998 has prescribed the selection scales on completion of 9, 18 & 27 years of service in accordance with the Rajasthan Civil Services Amended Scale Rules, 1998. As per the said circular, the pay scale, as existing at the relevant time, of Rs.2000-3200, was revised to Rs.6500-10500 under Rule 6 of the Rules of 1998, and the corresponding selection scale on completion of 9, 18 & 27 years of service was revised to Rs.5500-9000, Rs.6500-10500 & Rs.8000-13500, respectively.

3.2 In the year 1998, the petitioner was posted in the office of Assistant Agriculture Engineer, Water Resources Development and Soil Conservation Unit, Jaitaran, District Pali, and accordingly, the benefit of all selection grades were extended to him, in time, and lastly, selection grade on completion of 27 years of service was also extended to him alongwith other incumbents w.e.f.27.10.1992 and his pay was fixed at Rs.8,275/-w.e.f. 01.09.1997 in the pay scale of Rs.