Tapabrata Chakraborty, J. - (1.) The present writ petition has been preferred praying for issuance of necessary direction upon the respondents to forthwith pay the petitioner interest @ 18% per annum on all sums amounting to Rs.31,21,166.00 (Rupees thirty one lakhs twenty one thousand one hundred sixty six) only till the day of actual payment of such interest.
(2.) Mr. Dash, learned advocate appearing for the petitioner submits that though the petitioner retired from the post of an Assistant Teacher in Lalat Gangadhar Pathsala High School (in short the said school) on 31st October, 1999, the respondents illegally withheld his pensionary benefits and arrear salaries. Aggrieved thereby, the petitioner preferred a writ petition being WP 8634 (W) of 2000 which was disposed of by an order dated 26th September, 2000 directing the District Inspector of Schools (in short D.I.) to consider the petitioner's claim. Pursuant to the said order, the D.I. passed an order on 22nd December, 2000 directing, inter alia, that the petitioner "will get the remaining part of his arrear salary and allowances upto 31.10.99 within a week and he will get his retirement benefits i.e. pension, family pension, gratuity, P.F. etc. immediately". The respondents, however, did not disburse the benefits on a purported plea that a criminal proceeding was pending against him. Aggrieved thereby, the petitioner preferred a further writ petition being WP 891 (W) of 2004 which was disposed of by an order dated 28th June, 2004 directing the respondents "to release the provisional pension on considering the petitioner in continuous service upto the date of superannuation within two months from date. The arrear salaries as admissible to the petitioner in terms of the decision of the D.I. be paid within two months from date along with the interest @ 18% per annum". By the said order, the Court also directed that the criminal case should be decided within six months. Challenging the said order, an appeal was preferred by the State respondents and during pendency of the same, the criminal proceeding pending against the petitioner was quashed by an order dated 29th April, 2011 passed in a criminal revision application being C.R.R. No.1208 of 2006. Such fact was brought to the notice of the Hon'ble Appeal Court and upon contested hearing, the appeal was dismissed by an order dated 21st February, 2012. As the said order was not complied with, a contempt application was preferred being CPAN 1002 of 2012 and the same was disposed of by an order dated 7th December, 2012 directing the Directorate of Pension to expedite the process of disbursement of the pension as early as possible preferably within four weeks. Even thereafter, as the order was not complied with, the petitioner was constrained to prefer a further contempt application being CPAN 460 of 2013 which was disposed of by an order dated 15th July, 2013 on the assurance given on behalf of the State respondents that actual payment would be made by 16th August, 2013. By the said order it was also observed that "in case, the petitioner is still having some any claim, he is at liberty to proceed afresh".
(3.) Mr. Dash submits that the arrear salary as directed to be paid by the order of the respondent no.3 dated 22nd December, 2000, which was affirmed by order dated 28th June, 2004, was not paid along with interest within the time, as specified in the order dated 28th June, 2004, in spite of the said order having been affirmed in the appeal by an order dated 21st February, 2012. Though the criminal proceeding was quashed by the order dated 29th April, 2011, the arrear pension was also not paid to the petitioner within time and as such, on the basis of orders dated 28th June, 2004 and 21st February, 2012, the petitioner is entitled to payment of interest @ 18% per annum over the principal amount of Rs.31,21,166/- as disbursed in favour of the petitioner.;