Once a judicial order regarding service benefits and pay fixation attains finality, the state is bound to implement it in its entirety. Authorities cannot circumvent such mandates through internal departmental opinions or by applying lower wage rates contrary to the court's specific directions.

ORDER

This petition, under Article 226 of Constitution of India, has been filed seeking following relief (s):-

“(i) That, the action of respondents of not paying the salary to the petitioner from September, 2015 and not paying the regular pay scale and arrears of salary in terms of order passed by this Hon'ble Court in Writ Petition No.4791/2012 may kindly be declared as illegal and be quashed.

(ii) That, the respondents may kindly be directed to allow the petition to sign the attendance register and they may further be directed to make the payment of salary to the petitioner as ordered by this Hon'ble Court in W.P. No. 4971/2012 with arrears and they also be directed to pay the salary withheld from September, 2015.

(iii) That, respondents may kindly be directed to pay the interest on market rate for the entire amount of withheld salary.

(iv) That, the cost of this avoidable litigation may kindly be awarded to the petitioner.

(v) Any other relief, which this Hon'ble Court may deem fit and proper may also be given to the petitioner along with costs.”

2. It is submitted by learned counsel for petitioner that original petitioner was appointed on vacant and regular post of Peon after participating in the selection process vide order dated 15.11.1996 (Annexure P-1). It is submitted that instead of appointing original petitioner in regular pay scale, he was shown to be appointed on fixed honorarium of Rs.300/- p.m. Thereafter, services of petitioner were terminated by the respondents without compliance of mandatory provisions of Industrial Disputes Act. It is submitted that petitioner challenged his illegal termination by raising the industrial dispute before the State Government under provisions of Industrial Disputes Act, and on failure of conciliation proceedings, the matter was referred to the Labour Court No. 2, Gwalior for adjudication. The Labour Court No.2, Gwalior, passed the award on 03.08.2009 holding the termination of services of petitioner as illegal, found him entitled to be reinstated in service and directed the respondents to reinstate the services of petitioner without back wages (Annexure P-4). Respondent-Municipal Council challenged the award of the Labour Court by filing Writ Petition No.4978/2009 which has been dismissed vide order dated 20.09.2010. Respondents further challenged the said order before the Hon'ble Supreme Court by filing the SLP (Civil) No. 1486/2011 which was also dismissed vide order dated 28.01.2011. Respondents reinstated petitioner but instead of paying him the regular pay-scale or even current wages, continued to pay him wages @ 300/- p.m. Thereafter, petitioner preferred Writ Petition No.4791/2012 claiming the relief of payment of regular pay scale of the post of Peon in the revised pay scale. The said writ petition was decided by this Court by order dated 22.03.2016 and directed the respondents to give benefit of length of service to petitioner from date of appointment up till date in the matter of notional fixation of pay in the pay scale payable to the peon at the relevant point of time and also directed to pay him arrears of pay from the date of award by Labour Court and also directed to continue to pay him revised pay scale of the post of peon. It is submitted that thereafter when respondents did not comply the aforesaid directions then petitioner filed Contempt Petition bearing Conc. No.1526/2016 and petitioner submitted several representations but respo