Court No. - 38
Case :- WRIT - A No. - 8848 of 2019 Petitioner :- Janardan Singh Yadav And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Kamlesh Kumar Yadav Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Pursuant to the order passed by this Court in Writ Petition No. 35501 of 2017, the arrears due and payable to the petitioners for the unpaid salary between 5.4.1988 to 15.8.1990 has been released by the respondents. Petitioners retiral benefits have also been released. This writ petition has now been filed for payment of interest, on account of delayed release of salary for the period 1988 to 1990.
Perusal of the record would go to show that though petitioner had filed a Writ Petition No. 9639 of 2008 for release of such arrears, but the authorities kept the matter pending with them and no final decision was taken. The petitioners have approached this Court again in the year 2017. It is, therefore, clear that the petitioners had been pursuing their remedy throughout and in the order passed by the authority, there is no reason disclosed for such withholding of salary for almost thirty years. No fault on part of the petitioners is otherwise demonstrated. Law is settled that payment of interest is a necessary corollary for the withhold amount (See: Wig Brothers (Builders & Engineers) (P) Ltd. & another vs. Union of India & others; reported in (2003) 3 Company Law Journal, 328 (Alld.). Petitioners, therefore, would be entitled to payment of interest for the withheld amount in question.
In view of the above, this writ petition stands disposed of with a direction upon the authority concerned to pass an appropriate order to determine payment of interest at the rate of 6% per annum and to release such amount within a period of three months from the date of presentation of a certified copy of this order.
Order Date :- 25.7.2019 Ranjeet Sahu