The main legal point established in the judgment is that if there is delay on the part of the authority and for no fault of the petitioner, the opposite parties are liable to pay interest for delayed payment of financial benefits as due and admissible to the petitioner.

ORDER

Dr. B.R. Sarangi, J. - The petitioner, who was working as Lady Assistant Surgeon, Police Hospital, Rourkela in the district of Sundargarh, has filed this writ petition essentially for issuance of a direction to the opposite parties to pay interest @ 12% per annum on the ground of delayed payment of arrear salary for the period from 01.01.1996 to 08.06.1999 amounting Rs.77,716/-, and other consequential benefits incidental thereto, in her favour.

2. The facts of the case, in brief, are that the petitioner joined as Assistant Surgeon under the Govt. of Odisha, Health and Family Welfare Department in January, 1985 and was posted at District Headquarter Hospital, Sambalpur. Thereafter, she worked under such capacity in different Govt. Hospitals till July, 1992, when she was transferred to Police Hospital, Rourkela under the administrative control of the Superintendent of Police, Rourkela. While she was continuing there, she crossed her Efficiency Bar in May, 1995 after reaching the appropriate scale and her Efficiency Bar crossing proposal was to be sent by the Superintendent of Police, Rourkela to the Government through proper channel for timely sanction, but the same was not recommended in due time. Vide Office order No.41460 dated 04.10.1996 of the Government of Odisha, Department of Health and Family Welfare, the service of the petitioner was regularized. As a consequence thereof, the service book of the petitioner containing her service particulars for the period prior to 1995 and for subsequent years, reached opposite party no.1 in December, 1998. But, the proposal in connection with crossing of the Efficiency Bar of the petitioner was not forwarded by the Superintendent of Police, Rourkela to the Government notwithstanding the specific instruction contained in the Finance Department Memo No.8827/F dated 28.07.1980 and letter No.53977/F dated 24.10.1980.

2.1. For inaction of the authority, the petitioner submitted representation dated 12.07.2000 under Annexure-2 before opposite party no.1. When no action was taken by opposite party no.1, the petitioner approached opposite party no.2 by filing representation dated 31.01.2001 at Annexure-3, but the same was not attended to. After lapse of about two years, the proposal regarding crossing of Efficiency Bar of the petitioner was sent by opposite party no.1 to the Director of Health Services and since the same was sent in a defective manner due to fault of opposite party no.1, it was returned back and sent again. Accordingly, the proposal regarding crossing of Efficiency Bar of the petitioner was sanctioned on 07.08.2002. But, the scale of pay of the petitioner was not fixed in the revised scale as per the Revised Scale of Pay Rules, 1998. Therefore, the petitioner submitted representations dated 09.02.2003 and 12.06.2003 at Annexures-4 & 5 respectively before the Principal Secretary to the Government of Odisha, Home Department. In response thereto, the Government of Odisha, Home Department vide letter dated 11.06.2003 under Annexure-C to the counter affidavit filed by opposite parties no.1 to 3, called upon the Director General and the Inspector General of Police, Odisha to submit a detailed report indicating the reasons for non-fixation of her pay, steps taken for fixation and the persons responsible for the same within a period of 15 days. Since the said instructions were not carried out, the Government of Odisha, Home Department by its letter dated 16.07.2003 under Annexure-D to the counter affidavit, sent a reminder but the same was not responded. But, finally the pay of the petitioner was fixed in January, 2004 and she drew her arrear salary for the period from 01.01.1996 till 08.06.1999 in the revised scale amounting to Rs.73,716/-, whereas the scale of pay of similarly situated persons was fixed in time in January, 1999 and they got their arrear dues by the end of January, 1999.

2.2. For the delay in extension of the benefit of crossing Efficiency Bar and also fixation