CW 6042/08 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH S.B. Civil Writ Petition No.6042/08 Madan Mohan Sharma & Ors. Versus The Director, Malvia National Institute of Technology, Jaipur DATE OF ORDER : 01/08/2008 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. Ravi Kasliwal, for petitioners Instant petition has been filed by petitioners with the grievance that they have not been paid interest on account of delay in payment of arrears on their revised fixation. Earlier, petitioners jointly filed CW No.5076/98 with respect to arrears of their salary on account of revision in pay fixation. While disposing of writ petition on 25th August, 2005, this court directed the respondents to make payment of arrears on account of re-fixation within 90 days but no direction was for payment of interest. It appears that since payment was not made in terms of order of this court, petitioner approached this court by filing Contempt Petition No.655/06. Pending contempt petition, arrears were paid and grievance of petitioners was that interest has not been paid to them under the order of this court. However, this court disposed of contempt petition on 8th March, 2007 observing that they will make representation within 60 days, which will be considered by the authority in accordance with law. After contempt petition was disposed of CW 6042/08 [2] on 8th March, 2007, the respondents after computing have paid interest on the due amount to the respective petitioners. One of the letter sent to Madan Mohan Sharma whereby he was paid a cheque of Rs.12,210/- towards interest has been placed on record for perusal. Taking note of interest on arrears which was paid to them, was not considered to be sufficient, as such approached this court by filing another Contempt Petition No.267/07 which was decided on 19th March, 2008 holding that action of the respondents cannot be said to be a deliberate disobedience and no contempt is made out and if at all the petitioners are advised, they can file writ petition. Accordingly, they have approached this court by filing instant petition. The submission made by counsel for petitioner is that once they became entitled for payment of arrears on account of their re-fixation which was adjudicated by this court and decided way back on 25th August, 2005, there was no justification available for the respondents not to make payment of interest which became due on the said amount payable to them. Suffice it to say that there was no order passed by this court while dispute was adjudicated. The petitioners were not entitled for interest on the amount which is due and payable to them on account of re-fixation under CW 6042/08 [3] order dt.25th August, 2005. It appears that while disposing of contempt petition on 08/03/07, it was observed that on the due amount interest has not been paid Suffice is to say that there cannot be a fresh adjudication of same dispute with regard to interest which once has been paid to them. This court finds no substance in the writ petition, the same stands dismissed. [AJAY RASTOGI], J. FRBOHRA6042CW2008 1-8.doc