IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No. 2355 of 2008
Anant Lal Pathak ...... .... Petitioner
Versus
1. The State of Jharkhand
2. The Director, (Primary Education), Human Resources
Development Department, Ranchi
3. The District Superintendent of Education, Ranchi
4. The District Provident Fund Officer, Ranchi ... .... Respondents
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CORAM: HON’BLE MR. JUSTICE D. N. PATEL
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For the Petitioner : M/s Sanjay Kumar Pandey, S. Pandey, Advocates
For the State : Mr. D.K. Dubey, S.C (Mines)
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03/ Dated: 10th March, 2010
1. Learned counsel for the petitioner submitted that the principal
amount alongwith interest on the said principal amount of differences of
revised pay scale for the period running from 1st January, 1971 to 31st
March, 1973, has not been paid to the petitioner and therefore, the same
may be ordered to be paid to the petitioner. It is also contended by the
learned counsel for the petitioner that let a direction may be given to
respondent no. 3 to calculate the amount of interest and make the
payment, within stipulated time.
2. I have heard learned counsel for the respondents, who has submitted
that it is true that on earlier occasion also, a Division Bench of this Court
has given a direction, as stated in L.P.A. No. 651 of 2002, vide order dated
30th April, 2003, which is affirmed by the Hon’ble Apex Court in Special
Leave to Appeal (Civil) No. 5803 of 2004, as per Annexure-6 to the memo
of the present petition, that the amount of interest upon the arrears of salary
for the aforesaid period shall be calculated by respondent no. 3, in
accordance with law.
3. In view of the aforesaid submissions, I hereby, direct respondent
no. 3 to pay the principal amount of differences of revised pay scale and to
calculate the interest thereupon, for the period running from 1st January,
1971 to 31st March, 1973. It has been decided by the Division Bench of
this Court in L.P.A. No. 651 of 2002 which, reads as under:-
“In the present appeal, the appellant’s grievance is confined
to the payment of interest on the aforesaid amount of Rs. 3033/-. We
find that in the year 1973 itself the Government had taken decision
2.
to deposit the amount of arrears of salary of the teachers in their
provident fund account. Hence, if the arrears of Rs.3033/- in the
appellant’s case was deposited in 1973 he would have earned the
interest thereon prescribed for the provident fund amount. It was
clearly default on the part of respondents, for which the appellant
cannot be made to suffer. In our view, therefore, the appellant is
entitled to get the amount of statutory interest treating the aforesaid
sum of Rs. 3033/- as part of his provident fund amount, for the
period from 1.4.1973 to 6.4.2000. This appeal is disposed of with
aforesaid direction.”
The aforesaid order was challenged in Special Leave Petition by the
State bearing S.L.P.(C) No. 5803 of 2004 and that Special Leave Petition
has already been dismissed by the Hon’ble Supreme Court vide order dated
26th July, 2004. The said order is at Annexure-6 to the memo of the present
petition.
4. In view of the aforesaid decision also, I hereby, direct respondent
no. 3 to pay the principal amount of differences of revised pay scale and to
calculate the amount of interest thereupon, for the period from 1st January,
1971 to 31st March, 1973, at the prevailing rates from 1971 onwards, within
period of sixteen weeks, from the date of receipt of a copy of an order of
this Court and shall make the payment to the petitioner, within further
period of two weeks, thereafter.
5. In view of the aforesaid observations and directions, this writ
petition is disposed of.
6. Registry of this Court is directed to send a copy of this order to the
Secretary, Human Resources Development Department, Government of
Jharkhand, Ranchi.
(D.N. Patel, J)
VK