HEMANT GUPTA, J. - (1.)The challenge in the present appeal is to an order passed by the learned Single Bench on 6/1/2017 in W.P. No. 18392/2013, Ramlal Mahobia v. State of M.P. [2017 MPLJ Online 61] whereby the writ petition filed by the writ-petitioner (respondent herein) claiming interest @ 12% per annum on the delayed payment of salary for a period of 13 months i.e. from 1/9/1997 to 10/9/1998, paid after seven years and four months, was allowed.
(2.)The learned Single Bench referred to a judgment of the Supreme Court rendered in Union of India etc. v. Justice S.S. Sandhawalia (Retd.) etc., (1994) 2 SCC 240 to hold that when reason for delayed payment is attributable to the department, therefore, an employee cannot be deprived of the benefit of interest.
(3.)Learned counsel for the appellants refers to an order dtd. 29/6/2013 passed by the Chief Conservator of Forest, officiating Conservator of Forest, Central Forest Circle, Jabalpur in pursuance of a direction of this Court to consider the grant of interest on delayed payment of salary. In the order passed, it is mentioned that the writ-petitioner was sent on deputation to Panchayat and Rural Development Department for a period of two years in the year 1996. He was reverted back to the parent department on 30/7/1997 inter alia on the ground that he is not taking interest, putting political pressure and remaining absent from duty and misbehaving with the officials. He was posted on 11/9/1997 against his original post as Deputy Forest Ranger in Production Forest Division, Dindori but he abstained from duty. It was on 11/8/1998, he was posted as Forest Ranger in Forest Range, Dindori by recalling of earlier order dtd. 11/9/1997. Since he has not worked for the period 11/9/1997 to 10/9/1998, vide order dtd. 16/9/2004 a decision was taken to pay him wages for the said period on compassionate basis and accordingly payment was made to him in the month of December, 2004. However, it was held that he is not entitled to interest on the salary for the period he remained absent from duty.