- (1.) This is an appeal against order dated 5.4.1991 passed by the learned Single Judge in C.W.P. No. 4582 of 1989 directing the appellants to pay enhanced subsistence allowance and interest on the arrears of the subsistence allowance to the writ petitioner-respondent.
(2.) The appellants have challenged the impugned order on the following grounds :- (a) that the direction given by the learned Single Judge for payment of enhanced subsistence allowance must be treated as legally untenable and unjustified because the appellants were not responsible for prolonging the period of suspension. (b) The learned Single Judge committed a serious legal error by awarding interest at the rate of 12% per annum on the arrears of subsistence allowance ignoring the fact that the writ petitioner-respondent had remained in jail up to 1984 on account of his conviction on the charge of murder and till 1984, he had not made any demand for payment of subsistence allowance.
(3.) At the hearing, the learned Deputy Advocate General made a statement that he is not pressing first ground of challenge. Therefore, the only issue which remains to be considered is whether the direction given by the learned Single Judge to the appellants to pay interest to the respondent on the arrears of subsistence allowance is legally correct and justified.;