IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

371 Date of decision: 07.03.2025 SIRI KRISHAN ......Petitioner VERSUS THE STATE OF HARYANA AND OTHERS .......Respondents CORAM : HON'BLE MR. JUSTICE VINOD S. BHARDWAJ *****

Present: - Mr. Amandeep Rana, Advocate for the petitioner.

Mr. P.C. Goyal, Addl. A.G. Haryana.

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VINOD S. BHARDWAJ, J. (Oral)

The present writ petition has been filed seeking directions to the respondents-authorities to release interest at the rate of 18% p.a. on the delayed payment of salary w.e.f. 01.04.1981 to 31.12.2000 amounting to Rs. 2,88,167/-.

2. Learned Counsel appearing on behalf of the petitioner contends that the petitioner was working as a Sub Inspector in Haryana Roadways, Depot Rewari and he was initially recruited as a Conductor on regular basis through employment exchange in the year 1970. His 07 increments were stopped by the Department from 1972 to 1986 against which he filed a Civil Suit before the Civil Court. The said Civil Suit was dismissed whereupon Civil Appeal No. 32 of 1989 was filed by him before the District Judge. The said appeal was allowed vide judgment and decree dated 02.05.1990. The petitioner thereafter approached the respondent-authorities for implementation of the judgment and decree and to release the withheld increments and other due benefits towards pay fixation due to recommendation of the Third Pay Commission, Fourth Pay Commission and also to release the ACP etc, however, no decision was taken thereupon by the respondent-authorities. Following the multiple reminders, the last representation was submitted by the petitioner in the year 2001 but no decision was taken thereupon as well. The petitioner, in the meanwhile, was also promoted to the post of Sub Inspector in the pay scale of Rs. 1200-2040 on 06.03.1995. The petitioner thus preferred CWP-12632 of 2001 before this Court for seeking issuance of directions to the respondents to release the increments that were due to the petitioner since 1974 and the benefits on account of subsequent revisions thereto.

3. The said writ petition was disposed of by this Court vide order dated 23.08.2001 directing the respondents to take a decision on the representation and claim of the petitioner within a period of three months from the date of receipt of certified copy thereof. It was further ordered that in the event of the petitioner being found entitled to the monetary benefits, the same be released but confined to a period of three years and two months prior to the filing of the writ petition. The respondents thereafter granted the due benefits but the interest on delayed payment was not released due to which the petitioner filed CWP-9167 of 2002 before this Court, in light of the government instructions dated 08.02.1994. The said writ petition was disposed of vide order dated 01.07.2002 directing the respondents to decide the representation submitted by him within a period of three months. The interest however was still not released nor a decision was taken on the representation whereupon contempt petition No. 1560 of 2002 was filed by the petitioner. During the hearing of the contempt petition, it was informed that a speaking order, in compliance to the order dated 01.07.2002, had been passed on 04.09.2002 due to which the contempt petition was disposed of. The claim of the petitioner was declined by the respondents vide order dated 04.09.2002 by holding that the petitioner Siri Krishan was not allowed interest either by the Additional District Judge while allowing the appeal or by the High Court, hence the claim of the petitioner was thus not justified.

4. Hence, the present writ petition was filed.

5. Learned Counsel appearing on behalf of the petitioner contends that the petitioner had approached the Lower Appellate Court against withholding of the annual increments on the ground of violation of the principle of natural justice and the procedure which such Civil Suit was decreed and the judgment and decree of the trial