Allahabad High Court
Smt. Manju Dass vs State Of U.P. And 5 Ors on 10 October, 2018
Bench: Amreshwar Pratap Sahi, Harsh Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 40
Case :- SPECIAL APPEAL DEFECTIVE No. - 753 of 2018
Appellant :- Smt. Manju Dass
Respondent :- State Of U.P. And 5 Ors
Counsel for Appellant :- Siddharth Khare
Counsel for Respondent :- C.S.C.,Santosh Kumar Yadav
Hon'ble Amreshwar Pratap Sahi,J.
Hon'ble Harsh Kumar,J.
Ref:- Civil Misc. Delay Condonation Application No. 01 of 2018.
Heard Sri Siddharth Khare, learned counsel for the appellant and Sri Ganguly, learned Standing Counsel for the State.
The cause shown is sufficient.
The delay in filing the application is condoned.
The delay condonation application is allowed and the appeal shall be treated to be within time.
The office shall give a regular number to this appeal.
Order Date :- 10.10.2018
S.Chaurasia
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A.F.R.
Case :- SPECIAL APPEAL DEFECTIVE No. - 753 of 2018
Appellant :- Smt. Manju Dass
Respondent :- State Of U.P. And 5 Ors
Counsel for Appellant :- Siddharth Khare
Counsel for Respondent :- C.S.C.,Santosh Kumar Yadav
Hon'ble Amreshwar Pratap Sahi,J.
Hon'ble Harsh Kumar,J.
The appeal questions the denial of interest to the appellant by the learned Single Judge on the unpaid amount of salary between the period 20.03.1997 to March, 2006. The learned Single Judge has observed that in the facts and circumstances of the case interest was not liable to be imposed as a genuine litigation was pending between the parties.
The aforesaid findings recorded by the learned Single Judge appears to be on account of the long drawn litigation with regard to the claim of the appellant where the respondents granted approval on 2nd September, 2006 under an order of the Regional Committee. It may be mentioned that the appellant was an Assistant Teacher in the L.T. Grade in Carmel Inter College, Gorakhpur which is a recognized aided institution under the U.P. Intermediate Education Act, 1921 and the salary of the teachers and employees is disbursed under the provisions of U.P. High Schools and Intermediate Colleges (Payment of Salaries of Teachers and Other Employees) Act 1971. The provisions of Section 3 and Section 5 of the said Act imposes liability on the State to make payments without deductions and prescribes a detail procedure for transfer of the payable amount through Bank accounts on timely presentation of bills by the management.
There is no provision for payment of interest under the said Act if the State is at default in payment but that does not curtail the power of this Court to award damages, costs, exemplary costs, intiate the power of contempt upon orders being disobeyed or award interest on the defaulted payments if proved to be deliberate with no fault on the part of the claimant.
It is correct that under the interim order of this Court, the appellant was entitled to payment of salary w.e.f. 30th November, 1999 which was withheld. The State respondents therefore had unauthorizedly withheld salary that was cleared with the final decision in the petition. Nonetheless, the interim order dated 30th November, 1999 continued to be in operation which was an interim mandamus for making payment of salary regularly every month. This was clearly defaulted and the State respondents were in virtual contempt. The learned Single Judge therefore should have awarded exemplary costs for this default.
In the above circumstances, we dispose of this appeal with a cost of Rs.50,000/- on the respondent-State which shall be paid to the appellant by the respondent nos. 4 and 5 in the above background within a period of one month. The judgment of the learned Single Judge shall stand modified accordingly.
Order Date :- 10.10.2018
S.Chaurasia
