- (1.) The instant appeal filed under Clause X of the Letters Patent is directed against judgment dated 07.09.2010 rendered by the learned Single Judge holding that the appellant is not entitled to the payment of any interest on account of delay in payment of his dues. The appellant had claimed that the payment was due to him w.e.f. 11.12.1981. However, on the ground that the seniority dispute of the appellant was pending, the learned Single Judge has declined to grant the benefit of interest.
(2.) Few facts may be necessary to be noticed. The appellant was appointed as Sub Inspector, Cooperative Societies Punjab in 1961. He filed CWP No. 8878 of 1988. Another writ petition No. 901 of 1987 was already allowed holding that the seniority would be determined on the basis of order of merit fixed by the Subordinate Services Selection Board (for brevity 'the Board'). The writ petition filed by the writ petitioner-appellant was also allowed on 18.08.2005 in the same terms. When the consequential benefits were not released to him, he initiated contempt proceedings by filing COCP No. 582 of 2006. Thereafter the arrears of his pay, gratuity and leave encashment etc. were released. The writ petitioner-appellant served a legal notice for payment of interest on account of delay in promotion due to him w.e.f. 11.12.1981 and the interest was claimed till the payment of arrears on account of notional promotion.
(3.) The department in its written statement had taken the stand that in the earlier order dated 18.08.2005, interest was not granted to the writ petitioner-appellant and therefore it would amount to rejection of prayer for interest.;