- (1.) The present writ petition has been preferred by the retired teacher for getting interest upon much belated payment of arrears of salary for the period running from August 1968 to January 1996, made by respondent no. 2. The payment of arrears of salary has been made on 6th May, 2003. Thus, after approximately eleven years, the legally payable amount towards arrears of salary is paid and that too after several litigations like writ petitions, thereafter, contempt application, thereafter, dismissal of review application and, thereafter, one more writ petition. All the orders of earlier litigations are annexed at Annexures 1, 2, 3 and 5. Thus, more than one writ petitions have been filed for getting arrears of salary, but, looking to the amount which has been paid by the respondents, there is no amount of interest paid to the petitioner and, therefore, the present petition has been preferred.
(2.) Learned counsel for the respondent-State of Bihar submitted that the petitioner can not file writ petition before this Court mainly for the reason that the petitioner retired from the State of Bihar i.e. Biharsharif on 31st January, 1996 and the earlier writ petitions were also preferred before the Hon'ble Patna High Court.
(3.) Having heard learned counsel for both the sides and looking to the facts and circumstances of the case on record, it appears that: (i) The petitioner has to move from pillar to post for getting his legitimate right be executed at every stage. The petitioner has been harassed from the very beginning. Learned counsel for the petitioner has argued out the case at much length that how the petitioner was denying legitimate rights. Suffice it to say that there are several writ petitions and contempt applications, which have been filed by the petitioner and in every matters, the petitioner has succeeded and every time directions were given to the respondents to make the payment of consequential benefits. This is being revealed from Annexures- 1, 2 and 5. (ii) It appears that the order of termination of service of the petitioner was passed on 29th November, 1988 and, therefore, writ petition bearing C.W.J.C. No. 2359 of 1991 (R) was instituted at Ranchi Bench. The petition was decided in favour of the petitioner by quashing and setting aside the impugned order of the termination of the services of the petitioner. The said judgment is dated 3rd December, 1992. While quashing and setting aside the impugned order of termination of services of the petitioner, it has been observed by this Court in paragraph 10 as under: 10. For the reason aforementioned, the impugned order as contained in annexure 20/1 to the writ application cannot be sustained. This writ application is, therefore, allowed and the impugned order as contained in annexure 20/1 to the writ application is quashed. The respondents may now proceed to give consequential benefits to the petitioner in terms of annexure 18 to the writ application. However, it goes without saying that the respondents will be at liberty to pass an order of transfer as against the petitioner if exigency of situation so demands. Thus, the Ranchi Bench of the Hon'ble Patna High Court allowed the writ petition and directed the respondents to give all consequential benefits to the petitioner. (iii) It further appears that the adamant respondent-State of Bihar had not complied with the said order, despite explicit clear direction was given by this Court and, therefore, the present petitioner had no option, but, to file contempt application bearing M.J.C. No. 298 of 1993 (R) at Ranchi Bench. This Court deprecated the attitude of the contemnor i.e. opposite party no. 2 of the contempt application and it is observed in a later part of the order of the aforesaid contempt application of order dated 10th February, 1994 as under: It appears that the Director, Secondary Education, without understanding the implication of the order, directed the petitioner to produce his documents before the authorities named therein with regard to the alleged claim of the petitioner, so that they could come to a definite conclusion. I do not appreciate the attitude of the contemnor opposite party no. 2. In terms of the aforementioned judgment, the respondents were directed to give effect to annexure-18 (annexure-2 to the present application) and grant consequential benefits to the petitioner in terms thereof. Opposite party no. 2 was, therefore, obliged to implement the judgment of this Court and not to defer the matter in the way it has been done. Opposite party no. 2 is therefore directed to pass an appropriate order within ten days from the date of receipt of a copy of this order for implementation of the aforementioned judgment. (iv) It further appears that despite this order was passed, the respondent-State authority was so adamant that even the order passed in the contempt application is not complied with. After several months, civil review application bearing Civil Review No. 14 of 1994 (R) was instituted before the Ranchi Bench. This review application was dismissed by this Court vide order dated 10th January, 1995 and the following order was passed: Heard the counsel for the petitioner. In my opinion, there is no merit in this Civil Revision application. Accordingly, this application is dismissed. (v) It further appears that even after the civil review application has been dismissed, still the respondent-State authorities had not complied with the order passed in the writ petition bearing C.W.J.C. No. 2359 of 1991 (R) and, thereafter, one more writ petition bearing C.W.J.C. No. 2344 of 1997 (R) was instituted before the Ranchi Bench because though the notification of promotion was issued, but, difference of arrears of salary was not paid to the petitioner nor the pension was revised on the basis of higher pay scale. Thus, the notification which was issued on 9th February, 2001 allowing the petitioner to get first time bound promotion with effect from 1st April, 1981 and though another notification was issued on 10th February, 2001 allowing the petitioner to get second time bound promotion with effect from 15th March, 1986, no monetary benefit was paid to the petitioner nor there was re-fixation of the pension of the petitioner and, therefore, again direction was given vide order dated 12th December, 2001 and it was observed as under: In the circumstances, while I do not choose to proceed against the Opposite parties for the present, direct him to fix the pay of petitioner in the light of Notifications of promotions dated 9th and 10th February, 2001 and also to refix the retiral benefits of petitioner on the basis of such fixation of pay and thereby to pay the consequential benefits of arrears of salary on revision, pension, gratuity and leave encashment within three months from the date of receipt/production of a copy of this order. (vi) Thus, it appears that there are four orders, which are on record in favour of the petitioner and every time, this Court has repeatedly directed the respondent-State to make the payment to the petitioner with all consequential benefits including all arrears of salary and it is paid actually On 6th May, 2003. Thus, at a much belated stage, the amount which is legally payable to the petitioner, has been paid. (vii) Looking to the aforesaid long drawn litigations by the petitioner-teacher, it appears that he has filed every writ petitions at Ranchi Bench and all the aforesaid orders have been passed at Ranchi Bench. Moreover, he has served within the State of Jharkhand at the relevant time when it was part and parcel of the then State of Bihar. Moreover, the petitioner is claiming his rights for the period, for which, he has served at a territory, now falling within the jurisdiction of this Court. Thus, part of cause of action has arisen within the State of Jharkhand and, therefore, this Court has jurisdiction to decide the dispute between the parties. (viii) I therefore direct respondent no. 2 to make the payment of interest at the Simple Interest at the rate of 5% per annum from the date on which the amount is due till the actual payment is made. This amount will be calculated by respondent no. 2 within a period of eight weeks from the date of receipt of a copy of the order of this Court. I also direct respondent no. 2 to make the payment of interest within further period of four weeks, thereafter.;