Court No. - 28
Case :- WRIT - A No. - 31482 of 1994 Petitioner :- Indrapal Singh Respondent :- Director Of Education(Basic) And Others Counsel for Petitioner :- M.A. Qadeer,Lakshmi Kant Trigunait Counsel for Respondent :- S.C.
Hon'ble Siddharth,J.
Heard learned counsel for the parties.
Petitioner has filed this writ petition challenging the transfer order dated 19.9.1994 whereby he was transferred from Rajkiya Adarsh Vidyalaya to Rajkiya Diksha Vidyalaya, Budhana on the post of Principal by the Regional Assistant Director of Education (Basic) Region I, Meerut / respondent no.2. The petitioner assailed the aforesaid transfer order by means of this writ petition and by the interim order dated 27.09.1994 the operation of the transfer order dated 19.09.1994 was stayed.
The petitioner contends that in pursuance of the transfer order he was permitted to join his post only after filing of contempt petition on 01.07.1995. He has amended the writ petition and has added further relief praying for payment of interest on the delayed payment of salary to the petitioner.
In the counter affidavit filed on behalf of the respondents to the amendment application filed in the writ petition, it has been stated in paragraph 7, that the salary of the petitioner for the period September, 1994 to June, 1995 was paid to him on 2.5.2011. Since the petitioner has retired from the post from which he was being transferred to another place therefore, impugned order dated 19.09.1994 has become infructuous and cannot be enforced now. However, the petitioner was denied salary from September, 1994 to June, 1995 up to 2.5.2011 without any justification on record and therefore, he is entitled 7% simple interest on the same from June 1995 to 02.05.2011, when the actual payment of the arrears of salary of the aforesaid period was made to the petitioner.
The respondent no.1 is directed to make the payment of aforesaid interest to the petitioner within a period of six weeks from the date of production of certified copy of this order.
Writ petition is allowed to the extent stated above.
Order Date :- 28.2.2018 SS