Research › Search › Judgment

Madhya Pradesh High Court · body

2022 DIGILAW 809 (MP)

Rajendra Singh Chouhan v. State of Madhya Pradesh

2022-06-14

RAVI MALIMATH, VISHAL MISHRA

body2022
ORDER 1. The petitioner seeks the following reliefs:- "(a) Directing the respondents to pay all the arrears of pay and consequential pensionary benefits within a fixed time frame; irrespective of the availability or non- availability of the service book of the petitioner; (b) The respondents may be commanded to pay interest @ 12% per annum or at any rate that this Hon'ble Court deems fit, by way of damages for the delayed payment; (c) Any other relief that this Hon'ble Court deems proper may also be passed/granted." 2. It is, however, pleaded that the arrears of pay and all consequential pensionary benefits have been paid to the petitioner in the year 2022. What is being contended is that since there is a delay in making the said payment, he is entitled to a reasonable amount of interest. 3. The same is disputed by the learned counsel appearing for respondent No.2/employer. He submits that subsequent to the recommendation of Shetty Pay Commission, the same was made applicable to the Judicial Department w.e.f. 2017, therefore, they were liable to pay arrears from that date onwards. However, when the representation was considered, it was found that the service record of the petitioner was not traceable. An enquiry was made and thereafter the payment was made in the year 2022. Hence, there is a delay. 4. On considering the contentions, we are of the view that the petitioner is entitled to a reasonable amount of interest. Even though the respondent No.2 may have explained the delay in making the payment, we are of the view that the same cannot be held against the petitioner. He is entitled for the revised pay- scale from the date it became effective namely from the year 2017, as stated by the learned counsel appearing for respondent No.2. Since there is a delay in making the payment, the petitioner would be entitled to a reasonable amount of interest. 5. Consequently, the writ petition is disposed off directing respondent No.2 to pay interest to the petitioner at the rate of 6% per annum from 12.1.2017 till the date of payment. The same shall be released in favour of the petitioner within a period of eight weeks from today.