- (1.) Learned Counsel for the petitioners submitted that the arrears of salary for the period running from 1st January, 1971 to 31st March, 1973, has not been deposited in their provident fund accounts in time and therefore, had there been prior deposition of the amount in time, the petitioners would have earned the interest upon the said amount of the provident fund and therefore, amount of interest may be ordered to be paid to the petitioners. It is also contended by the learned Counsel for the petitioners that let a direction may be given to respondent No. 3 to calculate the amount of interest and mike the payment, within stipulated time.
(2.) I have heard learned Counsel for the respondents, who has submitted that it is true that on earlier occasion also, a Division Bench of this Court has given a direction, as stated in L.P.A. No. 651 of 2002, vide order dated 30th April, 2003, which is a firmed by the Hon'ble Apex Court in Special Leave to Appeal (Civil) No. 5803 of 2004, as per Anneuue-3 to the memo of the present petition, that the amount of interest upon die arrears of salary for the aforesaid period shall be calculated by respondent No. 3, in accordance with law.
(3.) In view of the aforesaid submissions, I hereby direct respondent No. 3 to calculate the interest upon the arrears of salary for the period running from 1st January, 1971 to 31st March, 1973, which has not been deposited in time, in the contributory provident fund accounts and therefore, had there been a deposition of the aforesaid amount in time, the petitioners would have earned the interest upon the said amounts, which is fixed for contributory provident account and interest applicable thereupon, at the relevant time from 1971 onwards It has been decided by the Division Bench of this Court in L.P.A No. 651 of 2002 which, reads as under: In the present appeal, the appellant's grievance is confined to the payment of interest on the aforesaid amount of Rs. 3033/-. We find that in the year 1973 itself the Government had taken decision to deposit the amount of arrears of salary of the teachers in their provident fund account. Hence, if the arrears of Rs. 3033/- in the appellant's case was deposited in 1973 he would have earned the interest thereon prescribed for the provident fund amount. It was clearly default on the part of respondents, for which the appellant cannot be made to suffer. In our view, therefore, the appellant is entitled to get the amount of statutory interest treating the aforesaid sum of Rs. 3033/- as part of his provident fund amount, for the period from 1.4.1973 to 6.4.2000. This appeal is disposal of with aforesaid direction. The aforesaid order was carried out in Special Leave Petition by the State bearing S.L.P.(C) No. 5803 of 2004 and that Special Leave Petition has already been dismissed by the Hon'ble Supreme Court vide order dated 26th July, 2004. The said order is at Annexure-3 to the memo of the present petition.;