IMPORTANT POINT
An employee unlawfully deprived of salary is entitled to interest on delayed payments, overriding the 'No Work No Pay' principle.

JUDGMENT :

Syed Qamar Hasan Rizvi, J.

Order on Delay Condonation Application

For the reasons stated in the affidavit in support of the application for condonation of delay, as the same constitutes sufficient cause for condonation of delay in filing the instant special appeal, the delay condonation application is allowed. Delay is condoned, Special Appeal is treated to have been filed within time.

Order on Special Appeal (Defective)

2. We have heard Sri Rajeev Singh, learned Standing Counsel for the appellant-state and Sri Sanjeev Singh, learned counsel for the respondent No. 1.

3. The present special appeal under Chapter VIII Rule 5 of the Allahabad High Court Rules, arises from the judgment and order dated 12.5.2022 passed by the learned Single Judge in Writ-A No. 10912 of 2018 (Brahm Kumar Saxena v. State of U.P. and others), whereby the writ petition filed by respondent No. 1 was allowed. The relevant extract of the order dated 12.5.2022 is as under:

''In view of the above the impugned orders passed by respondent No. 3 are hereby quashed. The Respondent No. 3 is directed to make payment of arrears of salary of the petitioner from 18.11.1988 till 10.2.2014 after adjusting the amount of salary paid to him with 6% interest and grant him all service benefits as admissible to him under law.

Further direction is issued to respondent No. 3 to correct the salary being paid to the petitioner from 23.11.2016 and after adjusting the amount paid to him make payment of arrears of salary.

The entire payments of the petitioner as directed above shall paid to him within period of eight weeks from today.

In case the amount as directed by this Court is not paid to the petitioner by the respondent No. 3 within a period of eight weeks, petitioner shall be entitled 12 % interest over the same. However the State Government would be free to recover the 6% interest paid above the interest of 6% percent from the public servant, who is found responsible for delay in compliance of this order.

The writ petition stands allowed.''

4. The factual matrix of the case in brief is that Shri Sukh Devi Balika Uchchatar Madhyamik Vidyalaya, Mandir Mahewa, District Etawah (hereinafter referred as 'the Institution') is an institution recognized under the U.P. Intermediate Education Act, 1921 and is on grant in aid from the State Government. In the said institution, the post of clerk fell vacant in the year 1988. The Committee of management of the institution notified the vacancy for direct recruitment. The selection was held on 24.8.1988 and, on the basis of the recommendation of the Selection Committee, the respondent-petitioner namely Brahm Kumar Saxena was appointed. The Regional Inspector of Girls Schools, IVth Region, Allahabad (hereinafter referred as RIGS), vide letter dated 7.11.1988 approved the appointment of Brahm Kumar Saxena on the post of clerk. Accordingly, the letter of appointment on the post of clerk was issued in favour of the respondent No. 1 on 17.11.1988, and he joined his duties on 18.11.1988.

5. One Amar Singh, who was working as Class-IV employee in the institution claimed promotion on the post of clerk against which the respondent No. 1 was appointed. He filed a writ petition bearing Writ-A No. 23247 of 1988 (Amar Singh v. R.I.G.S. and others) for the quashment of the order of the RIGS dated 7.11.1988, approving the appointment of Brahm Kumar Saxena on the post of clerk in the institution and for a mandamus directing the Institution to promote him on the aforesaid post.

6. The learned Single Judge allowed the writ petition filed by Amar Singh by judgment and order dated 10.2.2014 and set aside the aforesaid order dated 7.11.1988 passed by the RIGS, approving the appointment of respondent No. 1 namely Brahm Kumar Saxena with a direction to the Committee of management of the Institution to take proceeding for filling up the vacancy of the post of clerk by promotion of a suitable Class-IV employee of the Institution with a further direction that the sal