Reserved Judgment IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Company Application No. 2 of 2005. Shri D.N.Uniyal. … Applicant. Vs. State of Uttar Pradesh through Chief Secretary, Government of Uttar Pradesh, Lucknow, U.P. …Opposite Party. In the matter of Companies in Liquidator. Mr. U.K.Uniyal, Senior Advocate, with Mr. Sandeep Kothari, Advocate, for the Applicant. Mr. S.P.S.Panwar, learned Additional C.S.C. of the State of U.P. for the O.P.-State of U.P. Date July 19, 2010. Hon’ble B.S.Verma, J. This application has been moved on behalf of Shri D.N.Uniyal, the then Realization Officer in the office of the Official Liquidator U.P. Allahabad for compliance of the order dated 30-11- 1999 passed by the Allahabad High Court in O.L.R. No. 29 of 1990. 2. Relevant facts giving rise to the present application are that the applicant Mr. Dharma Nand Uniyal, who was earlier employed by the erstwhile State of Tehri Garhwal as a qualified Assistant since October 1947 with the Agricultural Bank of Garhwal, Narendra Nagar. Subsequently, the Bank went under liquidation. Mr. Uniyal was working as a Realisation Officer for the Bank. He came to the establishment of the Official Liquidator along with the assets and records, which were transferred to the Official Liquidator, attached to the High Court of Judicature at Allahabad. The services of D.N.Uniyal were to become part of the services of the State of Uttar Pradesh. 3. It appears that the State of Uttar Pradesh had neither taken any step to seek absorption nor the regularization of the services of Mr. Uniyal, while in the case of one Mahabir Prasad Kavi, who was also 2 employed with the State of Tehri Garhwal, his services were regularized and he was absorbed into the services of the State of Uttar Pradesh. That being so, Mr. D.N.Uniyal made several representations to the State Government of Uttar Pradesh. 4. Ultimately, the Allahabad High Court passed the order dated 30-11-1999 to the following effect on the representation of Mr. D.N.Uniyal, the then senior most common staff at the establishment of the Official Liquidator:- “Let the State of Uttar Pradesh confer regularization of the service of Mr. Dharma Nand Uniyal, forthwith, in the same manner as a similarly situated employee, both of whom were with the Agricultural Bank of Garhwal. At the point of age 58 years, Mr. Dharma Nand Uniyal would be deemed to have been retired and, effective the date of retirement entitled to pensionary benefits. Thus, Mr. Dharma Nand Uniyal would be entitled to arrears of pay and pension.” 5. According to the applicant, the then Registrar General of the High Court of Allahabad sent a letter to the Chief Secretary, State of U.P. about the compliance of the order dated 30-11-1999 passed by the High Court. However, nothing was done by the State of U.P.. The applicant made a representation on 5-7-2004 to the Principal Secretary (Revenue) State of Uttaranchal. Since nothing had been done in the matter, the applicant filed the present application under Rule 308 of the Rules before this Court. 6. This Court passed interim order dated 11-8-2005 directing the Chief Secretary, Government of Uttar Pradesh and the Principal Secretary concerned to submit compliance of the order dated 30-11- 1999 by 25-08-2005 fixing 30-8-2005 for orders. On 30-8-2005, time extension applications were moved on behalf of the State of U.P. Time was granted upto 20-9-2005 for compliance of the order fixing 3 the matter on 23-9-2005. On 20-9-2005, six weeks’ more time was granted to the State of U.P. for compliance and it was also directed that the payment of dispute may be settled within six weeks. 7. On 22-9-2005 the matter was again taken up before this Court and the personal appearance of the Officers concerned, i.e. Chief Secretary, Government of U.P. and the Principal Secretary (Revenue) was exempted. On 19-7-2006, this Court directed the State of Uttar Pradesh to pay the disputed amount to the applicant within a period of 15 days and if the payment is not made, the Principal Secretary, Revenue Department, State of U.P. was required to appear in person on 8th August 2006. 8. It appears that the State of Uttar Pradesh challenged the orders dated 11-8-2005, 20-9-2005, 22-9-2005 and 19-7-2006 passed by this Court in Special Leave to Appeal (C) No. 13091 of 2006 before the Apex Court. The Apex Court by order dated 4-8-2006 was pleased to stay the operation of the impugned orders till further orders. 9. On 19-2-2008, the Apex Court has passed the order to the following effect:- “…Since the orders impugned in this petition are interlocutory orders, we are not inclined to interfere in the present petition under Article 136 of the Constitution of India. However, it shall be open for the parties to file all the relevant documents and affidavits and raise all pleas available to them before the High Court for its consideration in accordance with law. With these observations, the Special Leave Petition is dismissed. We request the High Court to dispose of the matter as expeditiously as possible preferably within a period of four months from the date of receipt of a certified copy of this order.” 4 10. Before this Court, an affidavit of compliance was filed by the Joint Secretary, Revenue Department U.P., Lucknow, a perusal of which revealed that amount of Rs. 28,875/- towards gratuity, amount of Rs. 14,000/- towards encashment of leave for eight months and amount of Rs. 93,822/- towards difference of pay vis-à-vis employees of State of U.P., total Rs. 1,36,697/- had been sanctioned in favour of the applicant. This Court by order dated1-7-2008 further directed the Principal Secretary (Revenue) U.P. Government, Lucknow to pay simple interest @ 12% per annum on the amount of gratuity and simple interest @ 9% per annum on the rest of amounts, i.e. encashment of leave and difference of pay payable from the date of superannuation i.e. 31-12-1983 till date to the applicant. 11. On 17-8-2009, affidavit of compliance was filed on behalf of the State of Uttar Pradesh. Along with the affidavit, Office Memorandum dated 12-8-2009 has been annexed as Annexure-1 to the affidavit. A perusal of this memorandum goes to show that the applicant D.N.Uniyal was also sanctioned pension @ Rs. 1750/- per month with effect from 1-1-1984. It is mentioned that the pension @ Rs. 1750/- per month is granted to him as admissible to other retired pensioners of the U.P. Government. On the other hand, against the affidavit of compliance, on behalf of the applicant short counter affidavit has been filed and it has been stated that the Government Order dated 12-8-2009 does not mention admissibility of other allowances along with pension amount of Rs. 1750/- p.m. and no interest has been awarded for delayed sanction of pension. 12. The only question to be seen is regarding grant of interest on the unpaid amount of pension since 1-1-1984, as has been directed by the Court on 30-11-1999 whereby Mr. Dharma Nand Uniyal was held entitled to arrears of pay and pension, as detailed above in paragraph no.4. According to the petitioner arrears of pension has not been paid as yet. 5 13. It has been contended on behalf of the applicant that since the pension has been sanctioned at a much belated stage, therefore, the applicant is entitled to interest ranging between 9% and 12% per annum on the arrears of pension amount also. 14. Taking into consideration the entire facts and circumstances of the case as also the submissions advanced by the learned counsel for the parties, it would be in the interest of justice to direct the State of U.P. to pay to the applicant @ 9% per annum simple interest w.e.f. 1-1-1984 till the payment of arrears of pension amount. 15. In view of the discussion above, the Principal Secretary, Revenue, State of Uttar Pradesh, Lucknow is directed to pay the arrears of pension @ Rs. 1750/- per month to the applicant, as has been sanctioned by Principal Secretary, Revenue, State of U.P. vide Government Order No. W-390/1-4-09-W-95B-4/2005 dated Lucknow dated 12th August 2009, w.e.f. 1-1-1984, subject to all the benefits available to a retired Government servant relating to D.A. and pension revision in accordance with the Government Orders issued from time to time, along with simple interest @ 9% per annum until arrears thereof is paid to the applicant, within a period of four months from today. 15. With the above direction, the company application is disposed of finally. (B.S.Verma,J.) RCP