- (1.) THIS appeal is directed against the order dated 11.10.2002, passed by the learned Single Judge, in CWJC No. 806 of 2000 (R). Petitioner of the said writ application is appellant herein. He is a retired teacher of Government Elementary School. His grievance was that arrears of his salary for the period from 1.1.1971 to 31.3.1973 together with statutory as well as penal interest till the date of payment be given to him. It is not in dispute that after nationalization of Non -Government Elementary Schools with effect from 1.1.1971 in the Government Resolution No. 763 dated 9.2.1973, it was provided that such teachers shall be entitled to get prescribed scale of pay for the Government teachers with effect from 1.4.1973 and their arrears of salary for the period from 1.1.1971 to 31.3.1973 shall be deposited in their provident fund accounts.
(2.) IN the counter affidavit filed in the writ application it was stated that a sum of Rs. 3033/ - being his arrears of salary for the aforesaid period was already sanctioned on 6.4.2000 and was duly received by him. Accordingly, learned Single Judge disposed of the writ application and directed the respondents only to pay a sum of Rs. 5000/ - by way of costs for the harassment caused to the writ petitioner. In the present appeal, the appellants grievance is confined to the payment of interest on the aforesaid amount of Rs. 3033/ -. We find that in the year 1973 self 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 appellants 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.;