D.N.PATEL,J. - (1.) The present petition has been preferred mainly for getting an amount of interest upon the delayed payment of salary.
(2.) IT is vehemently submitted by the learned counsel for the petitioner that in fact the petitioner was serving as a Surveillance Worker in a Primary Health Centre with the respondents, who retired on February 29, 2000. His salary for the months running from October, 1998 to February, 2000 was not paid at the relevant time, regularly. It was paid at a time in September, 2002 i.e. after the retirement of the present petitioner and, therefore, upon arrears of this amount towards salary, which is at Rs.1,03,500/ -, an interest ought to have been paid by the concerned respondents because of the delayed payment of the amount towards salary. It is also submitted by the learned counsel for the petitioner that some amount was also deducted from the retiral benefits, but he is not sure and certain as to what amount was deducted and whether actually deducted or not. Thus, only point canvassed before this Court is about payment of interest upon the principal amount of salary, which is at Rs.1,03,500/ -. I have heard learned counsel appearing for the respondents, who has submitted that it is a matter of fact that salary for the months running from October, 1998 to February, 2000 was not paid in time but was paid at a time in the month of September, 2002. The averments, made in paragraph no.9 of the memo of present petition is not replied in the counter affidavit at all and, therefore, learned counsel for the respondents submitted that in fact, there is no statutory provision for payment of interest and, therefore, no interest can be awarded upon the delayed payment of salary and the petitioner, thus, deserves to be dismissed.
(3.) LEARNED counsel for the respondents is also not in a position to state as to whether any amount was deducted from the retiral benefits. As the second point is not canvassed by the learned counsel for the petitioner, learned counsel for the respondents has also not argued on the second point.;