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Ram Niranjan Patel Vs. the State of Madhya Pradesh - Court Judgment

SooperKanoon Citation

Court

Madhya Pradesh High Court

Decided On

Appellant

Ram Niranjan Patel

Respondent

The State of Madhya Pradesh

Excerpt:


.....would be payable to the petitioner be paid to him and all the arrears after refixation of salary be paid to him with interest @ 9% per annum. the order passed by this court was very clear. the interest was awarded from the date of order and not from the date the amount became due to the petitioner. it appears that such an amount was not paid to the petitioner in appropriate manner and, therefore, some representations were made. however, lastly a representation is made by the petitioner making claim of various amounts which according to the petitioner were due, but were not paid. the petitioner has calculated interest from the date the amount was due as per the rate prescribed by this court. this is how not the petitioner is claiming a huge amount towards interest and arrears of salary. such a claim of the petitioner is required to be examined by the competent authorities of respondents. in case any arrears of salary, the amount towards the leave encashment, balance of gratuity, or commutation of pension was required to be paid to the petitioner, but has not been paid, the same will be paid within a period of two months after verification of records with the interest as has.....

Judgment:


W.P.No.19754/2012 07.12.2012 Shri Prem Das Chaturvedi, learned counsel for the petitioner.

Shri Samdarshi Tiwari, learned Govt.

Advocate for respondents, on advance copy.

The grievance of the petitioner appears to be that he filed a writ petition before this Court seeking a direction for payment of his monetary claims which were said to be due with effect from 1996.

This Court passed the order in W.P.No.17036/2003 on 7.1.2004 directing that the sum which would be payable to the petitioner be paid to him and all the arrears after refixation of salary be paid to him with interest @ 9% per annum.

The order passed by this Court was very clear.

The interest was awarded from the date of order and not from the date the amount became due to the petitioner.

It appears that such an amount was not paid to the petitioner in appropriate manner and, therefore, some representations were made.

However, lastly a representation is made by the petitioner making claim of various amounts which according to the petitioner were due, but were not paid.

The petitioner has calculated interest from the date the amount was due as per the rate prescribed by this Court.

This is how not the petitioner is claiming a huge amount towards interest and arrears of salary.

Such a claim of the petitioner is required to be examined by the competent authorities of respondents.

In case any arrears of salary, the amount towards the leave encashment, balance of gratuity, or commutation of pension was required to be paid to the petitioner, but has not been paid, the same will be paid within a period of two months after verification of records with the interest as has been directed by this Court ofcouRs.calculating the interest with effect from 7.1.2004.

Let the aforesaid exercise be completed within the aforesaid period and the reasoned order be communicated to the petitioner.

With the aforesaid, the writ petition stands disposed of.

Certified copy as per rules.

(K.K.Trivedi) Judge A.Praj.


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