IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA C.W.P. No. 8386 of 2010 Date of decision: April 26, 2011 Vimal Chander Negi Petitioner Versus State of H.P. and another Respondents Coram The Hon’ble Mr.Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice Sanjay Karol, Judge For the Petitioner: Mr. Raman Sethi, Advocate For the Respondents: Mr. R.K. Bawa, Advocate General, with Mr. J.K.Verma, Deputy Advocate General ______________________________________________________ Justice Kurian Joseph, C.J. The writ petition is filed with the following prayers:- “(a) Issue a writ of mandamus directing the respondents to extend the benefits of stepping up of pay to the petitioner w.e.f. 1.1.1993 i.e. the date when this benefit has been granted to Shri Guddu Lal and to Shri Rakesh Kumar and accordingly fix the pay of the petitioner in the pay scales revised w.e.f. 1.1.1996 & 1.1.2006. (b) Issue a writ of mandamus directing the respondents to pay the arrears of pay w.e.f. 1.1.1993 till the date of payment along with interest @ 18% per annum.” 2. It is admitted in the reply that the petitioner had submitted a representation in April, 2009. It is seen from 2 Annexure R-1, order, dated 23.3.2011 that the action has now been taken to step up the pay of the petitioner. 3. Learned counsel for the petitioner prays for relief in terms of prayer No. 2 for interest. According to the petitioner, when the anomaly has been rectified in the case of the similarly situated persons in the year 2008, his case should have also been considered. But, stepping up of the pay and rectification of anomaly is not invariably automatic in all cases. It requires factual verification on case to case basis regarding the justification/claim. Be that as it may. It is submitted that the petitioner had submitted the representation in April, 2009 and pursuant thereto the present action has been taken. Some time has to be given to the appointing authority and also to the Government to examine the matter. But certainly, two years is inordinate delay, particularly when in similar cases the benefit had been granted. Therefore, we are of the view that interests of justice would be served if the petitioner is granted interest @ 8% per annum w.e.f. 1.1.2010. This writ petition is disposed of with a direction to grant interest @ 8% per annum on the arrears on account of Annexure R-1 from 1.1.2010. The benefit, as above, shall be worked out and the same shall be disbursed to the petitioner within three months from the date of production of the copy of this judgment by the petitioner before the second respondent, if not, the petitioner shall be entitled to interest @ 10% per annum w.e.f. April, 2009 and the officer(s) responsible for the delay shall be personally liable for the same. The writ petition stands disposed of, so also the pending applications, if any. 3 Copy dasti. ( Justice Kurian Joseph ), Chief Justice April 26, 2011 (K) ( Justice Sanjay Karol ), Judge