--- 1 --- HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE S.B.: HON'BLE MR. S. C. SHARMA, J WRIT PETITION NO. 6530 / 2011 BHARAT VYAS Vs. STATE OF MP & OTHERS * * * * * O R D E R ( 25/8/2011) The petitioner before this Court has filed this present petition claiming interest in respect of payment of arrears of salary. The contention of the petitioner is that he was appointed as a Lecturer and thereafter he was promoted to the post of Principal. However, he was not granted the pay scale of Rs.8000 – 13500. Petitioner has further stated that a writ petition was preferred before this court claiming arrears of salary and the pay scale of Rs. 8000 – 13500 from the date of promotion to the post of Principal, Higher Secondary School, Tribal Welfare Department. The petitioner has further stated that the respondents have complied with the order passed by this court dt. 1/9/05 passed in WP NO. 922/05 (s). However, they have not granted interest to the --- 2 --- petitioner and therefore the respondents be directed to pay interest @ 9% in respect of arrears by virtue of grant of revised pay scale of Rs.8000 – 13500. Learned Government Advocate appearing on advance notice has argued before this court that the petitioner has earlier also filed a writ petition claiming the pay scale of Rs.8000 – 13000 and interest at market rate was also claimed by him . She has informed this court that an order was passed on 1/9/05 directing the respondents to pay the pay scale of Rs.8000 – 13500 to the petitioner from the date of promotion along with arrears. However, interest was not granted to him and therefore once in the earlier round of litigation the interest has not been granted, the question of granting interest in this present petition does not arise. Heard learned counsel for the petitioner as also the learned Government Advocate appearing on advance notice at length and perused the record. In the present case, it is an admitted fact that the petitioner was promoted from the post of Lecturer to the post of Principal. However, the pay scale at Rs.8000 – --- 3 --- 13500 was not granted to him. A writ petition was preferred before this Court ie., WP (S) NO. 922 / 2005 and the following reliefs were sought : 7.1 A writ of certiorari or other appropriate writ be issued setting aside the impugned order dt. 19/3/91 (Annexure P/1) in relation to the petitioner as has been quashed in WP NO. 6235 / 003 (Bhagwandas Tapadiya vs. State of MP & Ors.) (Annexure P/1). 7.2 A writ of mandamus or any other appropriate writ in the terms of circumstances be issued directing the respondents to grant the pay scale Rs.2375 – 4125 given to the petitioner on his promotion to the post of Principal of Higher Secondary School vide order dt. 30/7/90 (Annexure P/6) 7.3 The respondent No.3 be mandated to grant annual increments in the pay scale 2375 – 4125 to the petitioner and pay him arrears of difference of salary and interest thereon at current market rate. 7.4 Any other relief as deemed proper and cost of this petition be awarded. --- 4 --- This court after hearing the parties at length has allowed the writ petition by passing an order on 1/9/05 directing the Department to fix the petitioner in the pay scale of Rs.8000 – 13500. However, no interest was granted to the petitioner. Thereafter contempt petition was filed and the following order was passed in the contempt petition : Cont. P. No. 484 / 2007 7/12/2007 Shri Santosh Pandey, counsel for the applicant. This petition is filed for alleged non – compliance of the order dt. 1/9/05 passed in WP No. 922/05(s) by which the writ petition was disposed of in view of the order passed in WP NO. 1761/06 (s) (Kailash Chandra Mahajan Vs. State of MP and others). It is seen from the record that in the case of Kailash Chandra Mahajan (supra) this Court has observed as under :- “In this view of the matter, the petitioner who is serving on the post of Principal Higher Secondary School of Tribal Welfare Department is entitled to be fixed in the pay scale of Rs. 8000 – 13500. Respondents are hereby directed to fix the pay scale of the petitioner accordingly. The pensionary benefit of the petitioner shall be amended and his pension be refixed accordingly. This petition is disposed of with no order as to costs” It is the grievance of the applicant that despite communication of the order of this court and serving legal notice for contempt, no action has been taken therefore it is a case of deliberate and willful non compliance of the order of this court. After having heard learned counsel --- 5 --- appearing for the applicant, I am of the considered view that the direction of this court issued in WP NO. 922/05(s) vide order dt. 1/9/05 relying on the decision of Kailash Chandra Mahajan (supra) requires to be complied with now within 4 months from the date of communication of this order. It is made clear here that if the order passed by this Court has not been complied within the aforesaid period by the non applicants, it shall be viewed seriously and the personal responsibility of the officer concerned may be fixed. Accordingly this petition is disposed. Thus it is evident from a bare perusal of the aforesaid order that interest was not granted to the petitioner in the earlier round of litigation and his prayer for grant of interest was not accepted and therefore this Court is of the considered opinion that the petitioner cannot be permitted to re-agitate the matter again and again claiming same relief once the matter has already been decided by this court. Resultantly no case for interference is made out in the matter. Admission is declined. (S. C. SHARMA) J U D G E KR