Heard Sri Pradeep Kumar Tripathi, learned counsel for the petitioner and Sri Pankaj Patel, learned counsel for the respondents.
By means of this petition the petitioner has prayed following relief :
"1. Issue a writ, order , or direction in the nature of Mandamus commanding the opposite party to pay rest arrears of selection grade/ promotional pay / increment in next pay scale admissible after completion of 19/24 years regular and satisfactory service to the petitioner with interest @ 9% per annum in the stipulate period, ignoring the condition imposed in the order dated 13.1.2021 contained as annexure No -4 to the writ petition, in the interest of justice.
2. Issue a writ or order in the nature of Mandamus commanding the opposite party to pay remaining arrears of selection grade / promotional pay scale with interest in fixed period, in compliance of order dated 13.7.2020, contained as annexure No-6 to the writ petition, in the interest of justice."
The contention of the learned counsel of the petitioner is that despite the positive assurance given by the opposite parties that the payment of arrears of selection grade, promotional pay, increment in next scale etc. shall be paid to the petitioner with expedition but substantial period has passed, such payment has not been made to the petitioner. He has further submitted that those employees in favour of whom the order of this Court has been passed and after non-compliance of the order they filed the contempt petition and the Hon'ble Contempt Court has issued notices to the effect either to make payment of dues or to show cause or to appear in person, the payment of dues have been paid to such employees.
Sri Pankaj Patel has however, submitted that the admissible dues of the petitioner shall be paid to him but on account of financial crunch such payment has not been made well in time. He has further submitted that sometime may be given to the opposite parties to make payment of dues to the petitioner. Sri Patel has further submitted that the opposite parties have demanded requisite fund from the State Government but such fund has yet not been made available.
Be that as it may, the excuse of financial crunch may not be taken for long time and the admissible dues of the employees should be paid with promptness as such payment is strictly related with the life of employee and his family which is protected by the Constitution of India under Article 21. It is also needless to say that if any dues have been paid after substantial delay and there is provision for payment of interest thereon, the petitioner may very well claim such interest. Therefore, I hereby dispose of this writ petition finally at the admission stage directing the opposite parties to make the payment of dues to the petitioner with expedition preferably within a period of two months failing which the petitioner shall be entitled for the interest @ 6% on such dues from the date it becomes due to the date the actual payment is made.
In view of the aforesaid terms, the writ petition is disposed of.
Order Date :- 11.2.2021 Om [Rajesh Singh Chauhan, J.]