CLCON/429/2019
2021 Latest Caselaw 4825 UK

IN THE HIGH COURT OF UTTARAKHAND
                    AT NAINITAL
     ON THE 30TH DAY OF NOVEMBER, 2021
                          BEFORE:
     HON'BLE SHRI JUSTICE MANOJ K. TIWARI

     Contempt Petition No. 429 of 2019
BETWEEN:

Harihs Singh Bora                         ... Petitioners
     (By Mr. Anil Kumar Joshi, Advocate)

AND:

R. Minakshi Sundram & others              ... Opposite Parties

     (By Mr. Pradeep Hairiya, Advocate)


                      JUDGMENT

1. WPSS No. 1959 of 2015 filed by the petitioners was disposed of with a direction to the respondents to release time scale to the petitioners from their initial date of appointment within eight weeks with interest @ 9% per annum. It was further provided that if arrears are not released, petitioners shall be entitled to interest @ 18% per annum.

2. Alleging non-compliance of the said order, this contempt petition has been filed by the petitioners.

3. Mr. Pradeep Hairiya, learned Standing Counsel has produced in Court a letter issued by Director, Elementary Education, Uttarakhand on 12.10.2020. The same is taken on record.

4. Perusal of the said letter indicates that petitioners have been paid time scale/benefit of ACP along with arrears.

5. Mr. Anil Kumar Joshi, learned counsel for the petitioners submits that the letter issued by Director, Elementary Education, Uttarakhand is absolutely silent about the interest payable to the petitioners.

6. Since the principal amount payable as time scale/ACP has been paid to the petitioners, therefore, this Court is satisfied that the substantial compliance of the order passed by Writ Court has been made.

7. Accordingly, the contempt petition is closed. Notices issued to the opposite parties are hereby discharged. However, petitioner shall be at liberty to make representation for claiming interest to the Competent Authority.

(Manoj Kumar Tiwari, J.) Aswal