- (1.) The writ petitioner claims interest on the arrear salary.
(2.) It is contended on behalf of the writ petitioner that although the writ petitioner was charged in a murder case he was acquitted by the Criminal Court. He was allowed to join his duties. He had claimed arrear salary in W.P. No. 1739 (W) of 2015. The order disposing of the writ petition had recorded the payment of arrear salary. Since the writ petitioner has come to learn that interest has not been paid on receipt of the payment of his salary, he is claiming interest by way of the present writ petition.
(3.) In support of the contention that Order II Rule 2 of the Code of Civil Procedure, 1908 does not apply to a writ, reliance has been placed on Section 141 of the Code of Civil Procedure, 1908 and Rule 53 of the Writ Rules framed under Article 226 of the Constitution of India and on (Gulabchand Chhotalal Parikh v. State of Gujarat, 1965 AIR(SC) 1153), (Sidramappa v. Rajashetty, 1970 AIR(SC) 1059), (Puran Singh & Ors. v. State of Punjab & Ors., 1996 AIR(SC) 1092), (Kunjan Nair Sivaraman Nair v. Narayanan Nair, 2004 3 SCC 277), (MRF Ltd. v. Manohar Parrikar & Ors., 2010 11 SCC 374) in support of such proposition. Referring to (Shri Ram Nandan Prasad v. State of West Bengal & Ors.,2014 1 CalLJ 221) it is contended that, interest is payable on the amount of the arrear salary for the period of time when the salary has not been paid.;