Dr.Surendra Narayan Gupta vs The State Of Madhya Pradesh
2023 Latest Caselaw 22081 MP

Madhya Pradesh High Court

Dr.Surendra Narayan Gupta vs The State Of Madhya Pradesh on 21 December, 2023

Author: Vijay Kumar Shukla

Bench: Vijay Kumar Shukla

                                                               1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                        WP No. 8717 of 2014
                                 (DR.SURENDRA NARAYAN GUPTA Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                           Dated : 21-12-2023
                                 Shri Vijay Gulani, learned counsel for the petitioner.

                                 Shri Bhuwan Deshmukh, learned GA for the respondents/State.

Heard on IA No.8920/2023 which is an application for modification of the final order dated 30.11.2023 passed in WP No.8717/2014. The petitioner challenged the orders dated 30.08.2012 and 27.09.2012 by which the respondent No.1 has modified and reduced the rate of interest payable on

refund of arrears of pay revision from 12% to 9% in the light of the judgment passed by the Division Bench in Writ Appeal No.658/2007 and connected appeals. After hearing learned counsel for the parties, this Court passed the following order in para-7 & 8 which are reproduced as under:-

7 . In view of the aforesaid, the impugned order dated 30.08.2012 passed by the respondent No.1 and the order dated 27.09.2012 (Annexure P/7) are quashed. The State Government is directed to remit the difference of interest @ 12% on revision of pay scale for the period from 01.01.1996 to 31.10.1999 to the respondent No.2/University w.e.f. 01.09.2004 within a period of three months from the date of communication of the order.

8 . The respondent No.2 shall examine the entitlement of the petitioner for difference of interest on arrears of pay revision @ 12% within a period of two months after receiving the amount from the respondent No.1 and after calculating the difference of interest, the same shall be paid to the petitioner along with interest @ 6% from the date of receipt of payment from Respondent No.1 till the date of actual payment.

2. The petitioner has prayed a clarification that the State Government be directed to remit the difference of interest @ 12% on revision of pay scale for the period from 01.01.1996 to 31.10.1999 to the respondent No.2/University @

12% w.e.f. 01.09.2004 till date of payment to the respondent No.1 within a period of three months from the date of communication of the order. The said modification sought by the petitioner is not in conformity with the reliefs prayed by him in the petition. He himself has prayed a direction to the respondents to pay 12% compound interest per annum on default payment accruing since 01.09.2004. This Court has passed the order to the State Government to remit the difference @ 12% on revision of pay scale for the period from 01.01.1996 to 31.10.1999 to the respondent No.2 within a period of three months from the date of communication of the order and the respondent No.2/University has been directed to examine the entitlement of the petitioner for the difference of

interest on arrears of pay revision @ 12% within a period of two months after receiving the amount from the respondent No.1 and after calculating the difference of interest, the same shall be paid to the petitioner along with 6% interest from the date of receipt of the payment from respondent No.1 till the date of actual payment.

3. I do not find any error warranting any modification or clarification in the said order. IA is dismissed.

4. As a consequence, the writ petition also stands disposed off.

(VIJAY KUMAR SHUKLA) JUDGE

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