High CourtsDivision Bench(2010) 12 SHI CK 0044

Bansi Lal vs Dr. Srikant Baldi

High Court Of Himachal Pradesh · Decided on 21 December 2010

HON’BLE JUDGES
Kurian Joseph, C.J · V.K. Ahuja, J
CASE NUMBER
COPC No. 311 of 2010

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Judgment

6 paragraphs · 272 words

Kurian Joseph, C.J.—The complaint is that the order dated 23.9.2010 has not been complied with. The extract of the order reads as follows:

In case the due and admissible salary has not been paid, the same shall be disbursed within 10 days.

2.

In the reply filed by the Respondent, it is stated that the matter had to be examined at the Government level and the Government on 29.11.2010 has passed Annexure R-1,which reads as follows:

I am directed to refer to your letter No. Shiksha-H(8)B(6)1/2009-Promotion dated 06-09-2010 on the above cited subject and to say that the matter was examined in consultation with the Ld. Advocate General, HP and it has been decided that joining report submitted by Sh. Bansi Lal as Pracharya be accepted and due and admissible salary in favour of Sh. Bansi Lal, Acharya on promotion as Pracharya w.e.f. 21-08-2010 may be released under intimation to this dept. immediately.

3.

Learned Counsel for the Petitioner submits that despite the stand taken by the Government as above, the due and admissible amounts have not been disbursed so far. We make it clear that unless the amounts are disbursed to the Petitioner by the Director of Higher Education within a week from the date of production of a copy of this order by the Petitioner before the Director Higher Education, he will be personally liable for interest at the rate of 15% from the date of the Government order dated 29.11.2010, apart from other consequences.

4.

Subject to the above direction, in view of the apology tendered through the learned Deputy Advocate General, for the delay, the petition is closed.