Devendra Pratap Singh, J. - (1.) HEAR learned Counsel for the parties.
(2.) THE following order was passed on 24.5.2010. The applicant was a constable in the Border Security Force and vide order dated 18.5.2001 he was punished with dismissal in pursuance of the order of Summary Security Force Court. The aforesaid order was subjected to challenge in writ petition No. 34539 of 2001 and after hearing the parties and exchange of pleadings, the said writ petition was allowed by a reasoned and exhaustive order quashing the orders dated 11.4.2001 and consequential order dated 18.5.2001 and directed reinstatement of the applicant with full back wages and all consequential benefits by vide judgment and order dated 4.10.2004. After persistent efforts, the opposite party No. 2 was duly served and he has filed a short counter affidavit stating that after receiving a copy of the Judgment, he had referred it to the Headquarters and the higher authorities of the department preferred a Special Appeal No. 570 of 2005 which is pending and therefore the order was not complied. He has also stated that he has since been transferred out and is on deputation. Neither of the two explanations can justify non -compliance of the writ Judgment especially where no interim order has been granted in the appeal. As the stand taken by the said officer is that the matter was referred to the Headquarters, the Director General, B.S.F. may ensure compliance of the writ Judgment before the next date or obtain interim order in the pending appeal lest the Court proceeds further for trial. The opposite party No. 2, who is represented by Sri B.K. Singh, Raghuvanshi, shall appear in person on the next date for framing of charges. Let a copy of this order be given to Sri B.K. Singh, Raghuvanshi within forty eight hours. Another copy of the order may be sent by the Registrar General of this Court to the Director General, Border Security Force, New Delhi. List on 22.12.2009." In pursuance of which an affidavit of Sri Virendra Kumar, DIG BSF has been filed stating that a resultant order dated 9.12.2009 has been passed reinstating the applicant and his arrears of salary etc. and other consequential benefits would be extended later. Let all the arrears of salary etc. and consequential benefits be extended to the applicant before the next date and file an affidavit to that effect. List in the week commencing 8.2.2010 for further orders. The personal presence of opposite party No. 2 is dispensed with." It is contended on behalf of the applicant that the consequential benefits have not been extended nor the entire arrears have been paid. An affidavit of Sri Virendra Kumar, D.I.G. B.S.F. Bhuj Sector has been filed stating that the applicant was reinstated on 9th December 2009 and has joined his Battalion and his pay and allowances as constable has already been reflected in the Battalion Pay Roll for the month of January 2010 and he would be entitled to the pay as recommended by the Vith Pay Commission. So far as the arrears of salary w.e.f. 12th of April 2001 to 31st December 2009 is concerned, it has been provisionally calculated at Rs. 9,89,036/ - and a bill for the same has been preferred to the Pay and Accounts Division, BSF, New Delhi and the same would be paid after adjusting the GPF final payment and CGEGIS final payment which the applicant had already received after his dismissal. During arguments, learned Counsel for the opposite party has produced a Fax letter dated 4th of March 2010 addressed to him by the Dy. Commandant (ADJT), 11 BN BSF stating that a sum of Rs. 8,38,228/ - has been deposited in the account of the applicant on 27th of February 2010 after deducting the earlier GPF payment made and the monthly subscription for the intervening period, group insurance plus its monthly subscription, monthly private fund subscription etc. So far as the consequential benefits are concerned, batchwise, the applicant was eligible for grant of first financial up -gradation under Assured Career Progression Scheme w.e.f. 29th September 2002 subject to qualifying pre -conditions of map reading etc. and this course applicant could not attend as he had already been dismissed. Likewise, it is stated that his batch mates have been promoted to the rank of Head Constable w.e.f. 30th May 2007 after undergoing mandatory courses and other promotional norms which he could not do as aforesaid. However, it is stated that the applicant would be put through mandatory course which are scheduled in the near future, so as to make him eligible for extending the aforesaid benefits which would be subject to the decision of appeal. It is also stated that under the VIth Pay Commission, the applicant is entitled to financial upgradation after every 10, 20 and 30 years without getting any promotion but subject to his obtaining the requirement. It is further stated that since the applicant has completed 20 years of service on 26th July 2008, he is entitled for second financial upgradation under the scheme dated 1st September 2008 for which purpose, a departmental screening committee would soon be constituted to consider the case of the applicant alongwith others. It is apparent from the aforesaid that till date, the final arrears of salary, as stated in paragraph 5 of the affidavit has not been calculated or paid. It is also evident that the writ judgment was rendered in October 2004 but reinstatement was done only in December 2009 and the payments are being made in March 2010. The orders of Court, even where no time frame is fixed, should be complied within a reasonable time of say three months. There is no justification in any of the affidavits why the delay of about six years. The opposite parties shall also explain why they should not be saddled with interest on the amounts payable to the applicant. The affidavit should also disclose the time frame the consequential benefits, as mentioned above, would be extended. Let a copy of this order be given to Sri Raghuvanshi, learned Counsel for the respondent within three days. List on 23rd of April 2010. In pursuance thereof, an affidavit of Shri Virendra Kumar, D.I.G. has been filed stating that all arrears of salary due to the petitioner w.e.f. 11.4.2001 to 31.12.2009 amounting to Rs. 8,38,228/ - has been released in his account on 27.2.2010. It is also stated that for promotion, he will be put to Map Reading Standard II Examination and Section Leader Course before 31.3.2011 and he would be granted first financial upgradation w.e.f. 29.9.2002 at par with his batch mates. It is also stated that the Departmental Screening Committee considered the case of the petitioner with regard to first and second financial upgradation under Modified Assured Career Progression Scheme on completion of 10/20 years of service which has been granted w.e.f. 1.9.2008. It is also stated that his promotion to Head Constable, if granted, would be w.e.f. 30.5.2007. The delay of six years in compliance of the writ order is explained stating that since the special appeal was filed, the department under misconception that the benefits have to be given only after decision of the appeal. However, learned Counsel for the petitioner states that the entire amounts including the benefits of bonus, study allowance etc. have not been paid. Let a reply be filed by the next date. List on 23.7.2010. In pursuance thereof, the parties have filed their respective replies.
(3.) THE counsel for the applicant has produced a photocopy of the certified copy of judgment dated 20.9.2010 by which the Special Appeal Defective No. 570 of 2005 against the judgment of the learned Single Judge, has been dismissed. There is no denial of this fact.;