CWP No.12449 of 2010 Date of decision: 31.1.2011 Gulwant Singh Vs. State of Punjab and others. Present: Mr.Anupam Singla, Advocate for the petitoiner. Mr.Puneet Gupta, Addl.AG, Punjab. * * * Permod Kohli, J. Petitioner is aggrieved of the order dated 12.6.2009 (Annexure P- 4) and communication dated 6.4.2010 (Annexure P-9) whereby the claim of the petitioner for grant of interest on delayed payment of salary has been rejected. Petitioner was serving as a draftsman. His services were terminated vide order dated 5.10.1981 w.e.f. 01.03.1979 on the ground of absence from duty. Order of termination was challenged in the civil suit No.145 of 1983. The said suit was decreed vide judgment and decree dated 13.1.1985 and the matter was remitted back for afresh inquiry. Order of termination came to be withdrawn after decision of the civil suit and the petitioner was treated on duty for the period of alleged absence i.e. from 1.3.1979 to 31.12.1979. Even after the termination was set aside and petitioner treated on duty vide order dated 4.5.1988, the actual benefits were not granted to him. In the year 1988, the petitioner was placed under suspension. The order of suspension came to be challenged in CWP No.2515 of 1988. During the pendency of the writ petition, suspension order however was withdrawn. Petition was disposed of as infructuous vide order dated 21.11.1988. The petitioner thereafter, represented for the payment of salary for the period w.e.f. 1.1.1980 to 18.10.1985. The details of the arrears of salary have been indicated in para 10 of this petition. These amounts were ultimately, paid to the petitioner in the following manner:- “[i] Arrears of Rs.61,985/- for the period 1.9.1982 to 19.10.1985 were paid on 31.3.2002. [ii] Arrears of Rs.6,304/- for the period 15.4.1982 to 31.8.1982 were paid on 25.9.2002. [iii] Arrears of Rs.32,717 for the period 1.1.1980 t 14.4.1982 were paid on 5.2.2004.” CWP No.12449 of 2010 The petitioner thereafter claimed interest on the delayed payment of salary etc. The representation of the petitioner has been rejected vide impugned order dated 12.6.2009 (Annexure P-4). Petitioner served a legal notice thereafter, the same has been rejected vide order dated 6.4.2010 (Annexure P-8). It is against this order, this petition has been filed. The only ground on which the claim for interest has been rejected is that there is no direction from the High Court for payment of interest in CWP No.2515 of 1988. I have heard learned counsel for the parties. Admittedly, the petitioner remained absent from service for a considerable period and was called back to service on setting aside the termination order. Even suspension of the petitioner was revoked by the respondents themselves and the period has been treated as on duty. Once the period of suspension has been treated as on duty, the respondents cannot deny the salary to the petitioner. The delay in payment of salary is also admitted. The petitioner is thus, entitled to the interest on delayed payment as arrears of salary. Let the interest on delayed payment be calculated at the rate of 6% for the period of delay as mentioned in para 10 of the writ petition. On determination of the interest, the amount be released to the petitioner within three months thereafter. ( Permod Kohli ) Judge 31.01.2011 sd 2