D.N.PATEL,J. - (1.) Learned counsel for the petitioner submitted that the principal amount alongwith interest on the said principal amount of differences of revised pay scale for the period running from 1st January, 1971 to 31st March, 1973, has not been paid to the petitioner and therefore, the same may be ordered to be paid to the petitioner. It is also contended by the learned counsel for the petitioner that let a direction may be given to respondent no. 3 to calculate the amount of interest and make 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 affirmed by the Hon'ble Apex Court in Special Leave to Appeal (Civil) No. 5803 of 2004, as per Annexure-6 to the memo of the present petition, that the amount of interest upon the 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 pay the principal amount of differences of revised pay scale and to calculate the interest thereupon, for the period running from 1st January, 1971 to 31st March, 1973. 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 disposed of with aforesaid direction." The aforesaid order was challenged 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-6 to the memo of the present petition. ;