IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Civil Writ Petition No.8055 of 2010 Date of Decision : March 17, 2011. Gurmej Singh .....Petitioner versus The State of Punjab and others .....Respondents CORAM : HON'BLE MR.JUSTICE SURYA KANT. Present : Mr.R.K.Arora, Advocate, for the petitioner. Ms.Sudeepti Sharma, DAG, Punjab. Mr.Aman Chaudhary, Advocate, for respondent No.4. -.- 1. Whether Reporters of Local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? --- Surya Kant, J. (Oral) The petitioner retired from the post of Instructor from Dayanand Junior Technical School, Jalandhar City, w.e.f. 30.4.2003 on attaining the age of superannuation. He was entitled to be paid the arrears of revised pay scale of Rs.1800-3200 retrospectively w.e.f. 13.5.1991 in terms of the notification issued on 20.3.1998 (Annexure P-2). After the first round of litigation vide CWP No.16292 of 2003, which was disposed of on 17.10.2003 (Annexure P-4), a speaking order dated 25.2.2004 (Annexure P-5) was passed by the Management of the School holding that the petitioner was entitled to the above mentioned arrears but the same would be paid “as and when the deficit grant C.W.P.No .8055 of 2010 2 amounting to Rs.79,41,417.15 pertaining to the period from 1995-96 to 2002-2003 is received from the Government of Punjab”. As the afore-stated arrears were not paid to him despite the order, the petitioner served the respondent-authorities with a legal notice dated 21.10.2009 (Annexure P-7) and then filed the present writ petition in which the following order was passed on 24.1.2011:- “As prayed for by the counsel for the respondents, adjourned to 17.3.2011. Meanwhile, the Director, Technical Education and Industrial Training, Punjab is further directed to examine the petitioner's claim as per the order dated 25.2.2004 passed by respondent No.4 and if it is found that the petitioner is entitled to be paid certain arrears, the same shall be directly released in his favour by respondent No.2 by deducting the same from the Grant-in-Aid payable to respondent No.4. Counter-reply(ies), if any, be filed before the adjourned date with an advance copy to the opposite counsel. Let a dasti copy of this order be handed over to Ms.Sudeepti Sharma, learned DAG, Punjab for information and necessary compliance.” Pursuant to these directions, the petitioner has now been finally paid the arrears. As the facts would speak for themselves, the petitioner has been deprived of the arrears of pay for no fault on his part. The internal dispute between the State Government or the Management of the School could not be the legitimate cause to with-hold the payment of arrears to C.W.P.No .8055 of 2010 3 which the petitioner was entitled to. The writ petition is accordingly disposed of with a direction to the Management of the School to pay the interest to the petitioner w.e.f. 25.2.2004 till the date of actual payment of the arrears @ 7% per annum. The arrears of interest shall be paid within a period of three months from the date of receiving a certified copy of this order. The respondent-management shall be at liberty to seek re- imbursement of the interest amount from the State Government, if so permissible under the Rules. Dasti. March 17, 2011 (SURYA KANT) Mohinder JUDGE