Punjab-Haryana High Court
Sukhchain Singh vs State Of Punjab And Others on 15 March, 2024
Author: Anil Kshetarpal
Bench: Anil Kshetarpal
125 2024:PHHC:037721
In the High Court of Punjab and Haryana, at Chandigarh
Civil Revision No. 779 of 2023 (O&M)
Date of Decision: 15.03.2024
Sukhchain Singh
... Petitioner(s)
Versus
State of Punjab and Others
... Respondent(s)
CORAM: Hon'ble Mr. Justice Anil Kshetarpal.
Present: Mr. Harmanpreet Sehgal, Advocate
for the petitioner(s).
Mr. Kanav Singla, Assistant Advocate General,
Punjab, for the respondents.
Anil Kshetarpal, J.
1. This revision petition has been filed by the decree holder to
assail the correctness of the Executing Court's order dated 01.07.2022. In
substance, the dispute is with regard to payment of interest on the amount of
arrears of increment.
2. On 19.11.2013, the appeal filed by the petitioner was allowed
by the First Appellate Court with the following observations:-
"19. In view of my above said findings, the appeal of the
appellant succeeds and the same is hereby allowed and
judgment and decree passed by the trial court, on 9.4.13 is set
aside and suit of the plaintiff/appellant is decreed that order
dated 19.3.2009, passed by respondent no.3 to the effect of
stoppage of 4 annual increments with cumulative effect is set
aside and order is held null and void and appellant is held
entitled to increments withheld and arrears of pay and
2024:PHHC:037721
allowances alongwith interest @ 18% P.A. from the date of
realization. However, under the principle of natural justice, he
is not entitled to salary for no work period. Decree sheet be
prepared. Trial court record alongwith copy of this order be
sent back. Appeal file be consigned to the Record Room."
3. Two second appeals were filed, one by the State of Punjab and
another by the petitioner. Both the appeals were disposed of on 12.02.2018
with the following order:-
"(6) Thus, employee has made out a case insofar as
entitlement of arrears of salary during the intervening period,
to that extent Appellate Court's order dated 19.11.2013 is
modified that employee is entitled to arrears of salary during
intervening period from the date of imposition of penalty till
reinstatement and consequential service benefits, as if no
penalty order is vogue. Therefore, employee's appeal qua RSA
No. 1648 of 2014 is allowed in part and State has not made out
a case in RSA No.2047 of 2014. Accordingly, State appeal qua
RSA No.2047 of 2014 stands dismissed."
4. Before the Executing Court, the petitioner has admitted that the
arrears of salary as well as the retirement benefits have already been
received by the decree holder and that he claims only the interest portion.
5. The learned counsel representing the petitioner contends that
the petitioner is entitled to the amount of interest calculated @ 18% per
annum on the arrears of increment as well as salary during the intervening
period.
6. Per contra, the learned State counsel submits that the entire
payment has been made.
7. This Court has considered the submissions made by the learned
2024.03.22 15:34 counsel representing the parties.
2024:PHHC:037721
8. It appears that the First Appellate Court has set aside the order
of punishment directing the stoppage of four annual increments with
cumulative effect. Consequently, he was held entitled to increments withheld
and the arrears of pay arising therefrom. However, the First Appellate Court
has specifically held that the petitioner shall not be entitled to salary for the
period he remained out of service. The High Court modified the order and
held that the petitioner is entitled to arrears of salary during the intervening
period. However, the High Court did not grant any interest on the amount of
arrears of salary during the intervening period. Hence, the appellant is only
entitled to interest @ 18% per annum on the amount of arrears which have
been paid to him while calculating his salary without stoppage of four
annual increments. There is a lack of clarity in the impugned order. Hence,
the petitioner shall have the liberty to file an application before the
Executing Court in this regard. The Executing Court shall calculate the
arrears and if it is already not paid, the same shall be recovered. It is clarified
that the petitioner shall not be entitled to any interest on the arrears of salary
during the intervening period.
9. With the observations made above, the present revision petition
is disposed of.
10. The miscellaneous application(s) pending, if any, shall stand
disposed of.
(Anil Kshetarpal)
Judge
March 15, 2024
"DK"
Whether speaking/reasoned :Yes/No
Whether reportable : Yes/No
