Civil Writ Petition No. 5487 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No. 5487 of 2010 Date of decision: January 31, 2011 Mangi Ram & others ...Petitioners Versus State of Haryana and others ...Respondents CORAM: HON'BLE MR. JUSTICE RANJIT SINGH Present: Mr. R.K. Malik, Senior Advocate, with Mr. J.S. Dadwal, Advocate, for the petitioners. Ms. Shruti Jain, AAG, Haryana for the State. Mr. Rameshwar Malik, Advocate, for respondent No.2. **** RANJIT SINGH J. In May,1993, a writ petition filed by some of the employees was allowed. The petitioners did not file any writ petition to claim the same relief. While allowing the petition, this Court had directed payment of interest @ 12% per annum, if the necessary dues were not released within a period of 4 months. Subsequently, L.P.A. and S.L.P. were filed against this order. Some other persons had approached this Court for grant of same relief. That writ petition was dismissed by the Division Bench of this Court by observing that whatever benefits would ultimately flow to the petitioners, who had filed a petition in 1993, would be permissible to others also. L.P.A. & S.L.P. were dismissed. Still, the petitioners were not granted the Civil Writ Petition No. 5487 of 2010 -2- benefit even after the dismissal of the S.L.P. The petitioners had approached this Court in the year 2008. The arrears have been allowed to the petitioners. The petitioners would claim that they would be entitled to interest on the payments of arrears now released to them. I have my doubts whether in the facts as noticed above, the liability to pay interest can be fastened in the present case or not. This liability to pay interest can be determined on the basis of non- payment of arrears. The petitioners can not claim that they should also have been released payment within 4 months of the order passed in the year 1993. LPA Bench had stayed the judgment in question. Liability to pay interest is to be judged in this background. The petitioners, if so advised, may claim the interest by filing suit, where this issue can be decided. The writ petition is, accordingly, disposed of and the petitioners are relegated to the remedy of filing civil suit to claim interest. January 31, 2011 ( RANJIT SINGH ) monika JUDGE