Rajasthan High Court

Babu Lal Bhardwaj vs State Andors (2024:Rj-Jp:43396) on 16 October, 2024

Author: Mahendar Kumar Goyal

Bench: Mahendar Kumar Goyal

[2024:RJ-JP:43396]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

                   S.B. Civil Writ Petition No. 3926/2000

Babu Lal Bhardwaj, Son Of Shri Bhadri Prasad Bhardwaj, aged
about 55 years, resident of Kanchroli, Tehsil Hindaun, District
Karauli, Rajasthan.
                                                                      ----Petitioner
                                      Versus
1.       State Of Rajasthan Through The Secretary, Public Works
         Department,       Government            Of     Rajasthan,     Secretariat,
         Jaipur.
2.       Shri Heera Lal Meena, Chief Engineer, Public Works
         Department, Opposite Jaipur Club, Jaipur.
3.       Executive Engineer, Public Works Department, Hindaun,
         District Karauli, Rajasthan.
                                                                   ----Respondents

For Petitioner(s) : Mr. A.K. Sharma, Sr. Adv. with Mr. Madhav Dadhich For Respondent(s) : Mr. Sandeep Taneja, AAG

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

Judgment / Order

16/10/2024

For the reasons stated in the application No.1/2024 for

taking the order dated 03.09.1991 on record, which is not

opposed by the learned counsel for the respondents, the same is

allowed. The copy of the order dated 03.09.1991 appended with

the application is taken on record.

This writ petition is filed with the following prayer:-

"It is therefore, prayed that this writ petition be kindly allowed and this Hon'ble court may be pleased to :

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(i) issue appropriate writ, order or direction directing the respondents to give benefit of pay fixation to the petitioner in the revised pay scales (Rs.1400-2600 w.e.f. 1.9.1988 and Rs.8000-13500 w.e.f. 1.1.1997) forthwith with all consequential benefits including arrears of salary.

(ii) issue an appropriate writ, order or direction directing the respondents to give benefit of selection grade to the petitioner on completion of 9, 18 & 27 years service forthwith with all consequential benefits including arrears of salary.

(iii) issue an appropriate writ order or direction directing the respondents to give the aforementioned benefits to the petitioner as also the benefit of the directions given by this Hon'ble court under its order dated 3.9.1991 alongwith interest @ 18% p.a. throughout from the date the payment became due till the date of actual payment.

(iv) Issue an appropriate order or direction initiating suo-moto contempt proceedings against the respondents under Article 215 of the Constitution of India for having committed contempt of this Hon'ble Court by willful and deliberate dis-obedience of the order dated 3.9.1991 passed in S.B. Civil Writ Petition No.4119/91.

              (v)     issue    an    appropriate          writ      order    or
              direction       awarding        exemplary             cost    and

damages to the tune of minimum Rs.25,000/-

in favour of the petitioner.

(vi) issue any other appropriate writ, order or direction as may be deemed just and proper

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in the facts and circumstances of the case in favour of the humble petitioner."

However, during the course of submissions, learned Senior

Counsel for the petitioner confines his prayer to the payment of

interest in terms of order of this Court dated 03.09.1991 passed in

SB Civil Writ Petition No.4119/1991.

Learned Senior counsel for the petitioner submits that

despite lapse of more than 33 years, he has not been paid interest

in terms of the order dated 03.09.1991 passed by this Court in the

writ petition filed by him on account of non-compliance of the

order dated 27.11.1984 passed in an earlier SB Civil Writ Petition

No.654/1984 also filed by him. He, therefore, prays that the

respondents be directed to pay him interest in terms of the order

dated 03.09.1991.

Learned counsel for the respondents, inviting attention of

this Court towards the calculation sheet (Annexure A-1) appended

with the affidavit of Shri Chandra Prakash-Executive Engineer,

PWD Division Karauli dated 05.10.2024, would submit that the

interest payable to the petitioner, in terms of the order dated

03.09.1991, comes to the ₹50,817.99/-.

Although, learned Senior Counsel for the petitioner does not

dispute the amount of interest calculated by the respondents vide

Annexure A-1; however, he submits that it was payable on delayed

payment of salary after its fixation at the minimum pay scale after

the expiry of the period of three months as directed by this Court

vide order dated 03.09.1991, but, it has not been paid till date

despite payment of arrears of salary more than 30 years ago;

therefore, the petitioner be awarded exemplary cost as well.

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Per contra, learned counsel for the respondents, referring to

and relying upon the contents of Para No.H, I & J of the additional

affidavit dated 29.05.2024 filed by Shri Chandra Prakash-

Executive Engineer, PWD Division Karauli, would submit that

interest could not be released to the petitioner in time on account

of pendency of as many as four departmental inquiries as also on

account of his leave duration for a period of 631 days. He,

therefore, prays that the respondents are not at fault in non-

payment of interest till date.

Heard. Considered.

Vide order dated 03.09.1991, this Court issued following

directions:-

"Consequently, the writ petition is allowed. Respondents are directed to make payment of salary to the petitioner by fixing his pay in the different pay scales which came into force from time to time w.e.f. 1.4.1979 onwards. This exercise must be under-taken and completed within a period of 3 months from today. The petitioner's pay should be fixed and the benefit of revised pay fixation be extended to him. He should be given annual grade increments. The amount of salary, which has already been drawn by the petitioner on the basis of payment made to him by fixing his pay at the minimum of the pay scale, will be deducted while making payment of arrears of salary to the petitioner. The respondents shall pay costs of Rs. 5000/- to the petitioner, which was awarded earlier in the previous writ petition, within 3 months from today. If the pay fixation of the petitioner is not done and payment is not made to him as aforesaid within 3 months the respondents shall have to pay interest to the petitioner at the rate of 18% p.a. from today. The respondents should also pay additional costs of ₹2000/- for this writ petition. It is made clear that apart from making

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payment of interest to the petitioner, in case of failure to comply with the order of this Court, the respondents will also be liable to be proceeded against for contempt of court."

From the aforesaid directions, it is apparent that interest @

18% per annum was payable if the pay fixation of the petitioner

was not done and the payment of salary was not made within

three months. Indisputably, the payment of due salary after its

fixation was not made to the petitioner within thee months as

directed by this Court vide order dated 03.09.1991 entitling him

for payment of interest. Submission of the learned counsel for the

respondents based upon the contents of Para No.H to K of the

additional affidavit dated 29.05.2024 is wholly misconceived and

misplaced. Neither the pay fixation nor, the payment of salary nor,

the payment of interest to the petitioner under order dated

03.09.1991 was made contingent upon conclusion of the

departmental inquiry or long leave period of the petitioner as is

reflected from the directions issued by this Court vide order dated

03.09.1991, which were absolute in nature.

Moreover, the petitioner had to file the SB Civil Writ Petition

No.4119/1991 for compliance of the order dated 27.11.1984

passed by this Court in SB Civil Writ Petition No.654/1984 filed by

him. In these circumstances, it is apparent that the petitioner is

being compelled by the respondents to file successive writ

petitions seeking compliance of the directions issued by this Court

which amounts to contempt of Court. Further, the respondents are

also guilty of offering lame and flimsy excuse for non-payment of

the interest in time.

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Resultantly, this civil writ petition is allowed in following

terms:-

1. The amount of interest of ₹50,817.99/- shall be paid to

the petitioner within a period of four weeks from today.

2. The respondents shall also pay a sum of ₹50,000/- to the

petitioner towards exemplary cost alongwith the aforesaid interest

amount for non-compliance of the order dated 03.09.1991 for last

about 33 years.

Pending application(s), if any, also stands disposed of.

(MAHENDAR KUMAR GOYAL),J

Manish/2