1. Heard Mr. Mankad, learned Advocate for the petitioners and Mr. Shah, learned A.G.P.
2. Learned A.G.P. has referred to the details of calculation of amount paid to the petitioners (page 216 and 217). The statement at page 216 and 217 demonstrates the details about the amounts paid to the petitioners which includes the amount of arrears paid to the petitioners, the amount of cost of Rs.10,000/- paid to the petitioners, the amount of interest paid at the rate of 8% from 19.06.2005 and total amount paid to the petitioners.
3. In addition to the said statement, today, learned A.G.P. has also shown another statement which contains the details of payment made to six petitioners. It is clarified in the said statement that the statement shows the position and details of payments to the petitioners as per the common judgment dated 13.04.2005 in Special Civil Application No.4705 of 1987. On the strength of the said statements, learned A.G.P. has submitted that entire amount has been paid to the petitioners as per the judgment and according to the calculation of the respondent any further amount is not required to be paid.
4. However, the learned counsel for the petitioners has disputed the said submission and claimed that in view of the judgment passed by the Court the petitioners are entitled to claim the payment on deemed date basis and not w.e.f. 19.06.2005 as done by the respondent. In short, the petitioners have disputed the submissions made by the learned A.G.P., on the basis of the said two statements that the amount payable to the petitioners has been paid. Since, the petitioners' claim that they are demanding payment as per the judgment of this Court (which allows them to claim and receive payment on the basis of the appointment/promotion on the deemed date basis) the petitioners are entitled to receive further amounts over and above the amounts which are claimed to have been paid under the said two statements. The statement submitted by learned A.G.P. today is taken on record. Having regard to the insistence by the learned Advocate for petitioner that complete payment after taking into account deemed date has not been made, petition is ordered to be admitted.
(K.M.THAKER, J.) jani Top