IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP(T) No. 7115 of 2008. Decided on: 23.11.2010. Sukh Ram …..Petitioner. vs. State of H.P. & ors. …..Respondents. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice. The Hon’ble Mr. Justice V.K. Ahuja, Judge. For the petitioners: Mr. Tarlok Chauhan, Advocate. For the Respondents : Mr. R.K. Bawa, Advocate General, with Mr. J.K. Verma, Dy. Advocate General. ------------------------------------------------------------------------------------------ Justice Kurian Joseph, C.J. (Oral) The writ petition is filed with the following prayers:- “a) The respondents may be directed to send the relevant papers to the A.G. H.P. for refixation of pension and pensionary benefits as per the revised pay of the applicant as centre Head Teacher i.e. Rs. 9,925/- per month. b) That the respondents were/are required to send the papers to the A.G. H.P. well in time which has not been done so, hence interest at the rate of 18% per annum may also be ordered to be paid from the defaulting respondents in this behalf. c) That Rs. 3,000/- by way damages and cost of the application may also be awarded in favour of the applicant and against the respondents.” 2. The Application was filed before the Tribunal on 15.3.2000 after the retirement of petitioner on 31.1.1999. It is seen that the reply to the application had already been 2 filed on behalf of respondents No. 1 to 3, apparently in an evasive manner. Therefore, on 9.11.2010, this Court passed the following order:- “ The grievance of the petitioner is that his pay and pension has not been properly fixed in the scale available to the petitioner as Central Head Teacher. There is no reply in that regard. There will be a direction to the respondents to file short reply in this regard within ten days from today. Post on 23.11.2010.” 3. In response to the said order, the Director has now filed an affidavit, dated 22.11.2010, paragraph 6(e) of which reads as follows:- “6(e) That it is submitted that as per information received from the Deputy Director of Elementary Education Mandi, District Mandi the pay of the petitioner has been fixed at Rs.8925/- on his promotion as C.H.T. and case of the petitioner alongwith service book has been sent to Accountant General, Himachal Pradesh Shimla-3 for revision of pension and other benefits on the basis of pay of Rs.8925/- by the Block Elementary Education Officer, Balh at Ner Chowk on dated 03.11.2010.” 4. It is unfortunate, disturbing and shocking that it took about 12 years to fix the pay of the petitioner, who was a teacher serving under the respondents. Even when the reply was filed in June, 2001, the crucial grievance of the petitioner has not been adverted to. We appreciate the steps now taken by the present Director in rendering justice to the petitioner. However, the interest of justice would be met only, if the petitioner is properly compensated for the delay 3 and also stress undergone during the last 12 years. Therefore, this writ petition is disposed of as follows. 5. There will be a direction to the Accountant General to take appropriate action in terms of reference already made by the Director and referred to above within a period of one month from today. Based on the proceedings of the Accountant General, as above, steps shall be taken to disburse the eligible benefits to the petitioner within another one month. The benefits, as above, shall carry interest @ 8% from the date of retirement to the date of disbursement. The petitioner shall also be entitled to costs of Rs.3,000/- moderately prayed by the petitioner in the writ petition. There will be a direction to the Government to take steps to recoup the loss thus caused to the Revenue from the officers responsible for the delay and laches. It is also made clear that in case, the petitioner is not disbursed the amount as above, he will be entitled to interest @ 12% and the officers responsible for that delay will be personally liable for the said interest. The petitioner will produce a copy of this judgment before the Accountant General and the first respondent. 6. The pending applications, if any, also stand disposed of. Dasti copy. (Justice Kurian Joseph), Chief Justice. November 23, 2010. (Justice V.K. Ahuja), (tilak/pankaj) Judge.