IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No. 3498 of 2009. Decided on: 24.6.2011. __________________________________________________________ Jyoti Parkash Sharma and others. … Petitioners. Versus State of H.P. and others. … Respondents. __________________________________________________________ Coram: Hon’ble Mr. Justice Kurian Joseph, Chief Justice. Hon’ble Mr. Justice V.K. Sharma, Judge. For the petitioners : Mr. N.S. Chandel, Advocate. For the respondents : Mr. R.K. Bawa, A.G. with Mr. Ankush Dass Sood, Addl. A.G. and Mr. J.K. Verma, Dy.A.G. for the respondents-State. ___________________________________________________________ Justice Kurian Joseph, C.J. (Oral). The petition has been filed with the following prayer:- “Issue a writ in the nature of mandamus directing the respondents to release the salary of the petitioners from the month of November, 2004 to October, 2006 along with interest at the rate of 12% from the date same became due till realization in the interest of justice.” 2. According to the petitioners, their co-workers working under the 4th respondent-College have already been paid the salary with interest at the rate of 8% pursuant to the judgment dated 10.5.2010 in CWP No. 1183 of 2010 and connect case. The text of the judgment reads as follows:- “The learned Senior Additional Advocate General on the basis of instruction from the Director, Higher Education submits that the salary will be paid to the petitioners within a period of four weeks from today. Therefore, the picture is clear that there is no dispute with regard to the entitlement of the petitioners to the salary for the period of four months for March, 2006, June, 2006, September, 2006 and October, 2006. Therefore, the wages due to the petitioners were 2 being enjoyed by the State instead of being enjoyed by the employees, hence the employees are entitled for interest. Therefore, the writ petitions are disposed of with a direction to the respondents to pay the salary due to the petitioners for the period of March, June, September and October, 2006 within a period of four weeks from today along interest at the rate of 8%. In case the amount, as above, is not paid, the amount shall carry interest at the rate of 12% and the officer responsible for the delay will be personally liable for the entire interest. 2. We also make it clear that it will be open to the first respondent-State to take appropriate steps to realize the amount paid by way of interest, from the erring officers.” 3. In view of the judgment, as above, the petitioners shall also be entitled to interest at the rate of 8% for the delayed payment of their salary, the same shall be disbursed within a period of three months from the date of production of copy of this judgment, failing which the petitioners shall be entitled to interest at the rate of 12% and officers responsible for the delay shall be personally liable. 4. With the above observations, the writ petition is disposed of, so also pending application(s), if any. (Justice Kurian Joseph) Chief Justice. (Justice V.K. Sharma) June 24, 2011. Judge. (cr/virender)