SURESH KUMAR GOYAL Vs. DISTRICT RURAL DEVELOPMENT AGENCY AND OTHERS
LAWS(P&H)-2006-8-320
HIGH COURT OF PUNJAB AND HARYANA
Decided on August 10,2006

SURESH KUMAR GOYAL Appellant
VERSUS
DISTRICT RURAL DEVELOPMENT AGENCY Respondents

JUDGEMENT

- (1.) The plaintiff-appellant had filed a suit for declaration against the defendants that various letters withholding payment to the appellant of the arrears of revised pay scales from 1.1.1996 to 31.12.1998 were illegal, null and void. It was further prayed that the plaintiffs were entitled to claim the arrears from 1.1.1996 to 31.12.1998.
(2.) The defendant which is the District Rural Development Agency, Sirsa had initially filed a reply stating that the suit was not maintainable as the revision of pay scales as granted by the State of Haryana was not ipso fact applicable to the employees of the District Rural Development Agency. They took the stand that due to financial constraints it had been decided that the revision would be implemented from 1.1.1999 and the employees of the Agency would not be granted the arrears on account of revision of pay scales.
(3.) However, during the pendency of the civil suit when the financial position of the agency improved in March, 2001 and it decided to release the arrears on account of revision of revision of pay scales from 1.11996 to 31.12.1998. This was done in March, 2001. In this view of the matter the main controversy raised in the suit did not survive. However, the plaintiffs pressed their suit for award of interest on delayed payment of arrears. The claim for interest has been rejected by the trial Court. In appeal, the lower appellate Court affirmed the said view with the following observations:- "Otherwise also, the delay, if any, in the payment of arrears from 01.01.1996 to 31.12.1998 has occurred due to shortage of funds with the DRDA and it is also not the case of the appellants that the arrears of pay were with held by the respondents intentionally and arrears of revised pay have been paid to the other employees of the DRDA prior to the appellants. Therefore, this Court is of the opinion that the appellants have no locus standi to claim interest in such matters where there is involvement of policies of the government as has been discussed above.";


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