R.D. Rao Vs. Chairman & M.D., Punjab National Bank & Ors.
EmailAppeal: (Arising out of SLP (Civil) No. 14804 of 1999)
Petitioner: R.D. Rao
Respondent: Chairman & M.D., Punjab National Bank & Ors.
Apeal: (Arising out of SLP (Civil) No. 14804 of 1999)
Judges: M. JAGANNADHA RAO & DORAISWAMY RAJU, JJ.
Date of Judgment: Jul 08, 2000
Head Note:
SERVICE AND LABOUR LAW
Constitution
Articles 226, 136 – Claim with regard to difference of basic pay, annual increment, gratuity, PF and overall difference due to pay revision – Bank agreeing to pay Rs. 40,000 out of Rs.42,420 but no interest – Claim of interest @ 24% p.a. Held that he is entitled to interest @ 12% p.a. from the date of writ petition with amount of Rs. 42,420.
(Para 5)
JUDGEMENT:
ORDER
1. Leave granted.
2. After hearing appellant in person and learned senior Counsel for the respondents, Shri V.R. Reddy, we are of the view that there is some merit in the contention raised by the appellant in this appeal. According to the statement of claim furnished by the appellant to the Bank, he claimed various amounts as follows:
(a) Difference in basic pay of Rs. 860 of 21.1.81 upto 7.1.82 and Rs. 1200 from 8.1.82 and Rs. 1270 of 21.1.82 i.e. Rs. 1270-860 = Rs. 410/- upto 1.2.83 for 12 months = Rs. 4920
and for 1 month in Jan. 82
Rs. 340 Rs. 5260
LESS Officiating allowance of
Rs. 100 from 8.1.82 to 1.2.83
– Rs. 1300 Rs. 3,960
(b) Difference of 3 annual increments viz., 21.1.82, 1.1.83 and fitment increment of 1.2.83 on the basis of retrospective revision of basic pay from Rs. 1200 to Rs. 1800 @ Rs. 300/- from 1.2.83 to 31.1.89 (Date of superannuation retirement ) for 72 months.
Rs. 21,600
(c) Gratuity difference @
Rs. 300/- for 13 months Rs. 3,900
(d) PF difference @ 10% on
Rs.21,600 Bank’s contribution, Rs. 2,160
(e) Difference in overall
emoluments on account of
pay revision of Rs. 1200 to
Rs. 1800 and subsequent
revision on Nov. 87 on account
of 3 increments due to
enhancement in DA and
HRA etc. @ Rs. 150/-
for 72 months Rs. 10,800 ______ Rs. 42, 420
3. In addition to the above amount, the appellant has claimed punitive interest at the rate of 24% from 31/1/89, the date of his retirement.
4. On an earlier occasion, the Bank
was prepared to pay Rs. 40,000/- to
the appellant towards the main claim and no interest, but appellant was not agreeable.
5. The question therefore, is now with regard to the interest. We are not inclined to grant interest at 24% as claimed by the appellant. However, we are of the view that the appellant is entitled to interest at the rate of 12%. Now the question is from what date the interest will have to be paid. We are of the view that interest will have to be paid from the date the appellant filed the writ petition in this Court, namely C.W.P. No. 512/93. There will be an order in favour of the appellant for payment of Rs. 42,420/- with interest at the rate of 12% from the date on which the Writ Petition No. 512/93 was filed in this Court.
6. The appeal is disposed of accordingly. No costs.
1. Leave granted.
2. After hearing appellant in person and learned senior Counsel for the respondents, Shri V.R. Reddy, we are of the view that there is some merit in the contention raised by the appellant in this appeal. According to the statement of claim furnished by the appellant to the Bank, he claimed various amounts as follows:
(a) Difference in basic pay of Rs. 860 of 21.1.81 upto 7.1.82 and Rs. 1200 from 8.1.82 and Rs. 1270 of 21.1.82 i.e. Rs. 1270-860 = Rs. 410/- upto 1.2.83 for 12 months = Rs. 4920
and for 1 month in Jan. 82
Rs. 340 Rs. 5260
LESS Officiating allowance of
Rs. 100 from 8.1.82 to 1.2.83
– Rs. 1300 Rs. 3,960
(b) Difference of 3 annual increments viz., 21.1.82, 1.1.83 and fitment increment of 1.2.83 on the basis of retrospective revision of basic pay from Rs. 1200 to Rs. 1800 @ Rs. 300/- from 1.2.83 to 31.1.89 (Date of superannuation retirement ) for 72 months.
Rs. 21,600
(c) Gratuity difference @
Rs. 300/- for 13 months Rs. 3,900
(d) PF difference @ 10% on
Rs.21,600 Bank’s contribution, Rs. 2,160
(e) Difference in overall
emoluments on account of
pay revision of Rs. 1200 to
Rs. 1800 and subsequent
revision on Nov. 87 on account
of 3 increments due to
enhancement in DA and
HRA etc. @ Rs. 150/-
for 72 months Rs. 10,800 ______ Rs. 42, 420
3. In addition to the above amount, the appellant has claimed punitive interest at the rate of 24% from 31/1/89, the date of his retirement.
4. On an earlier occasion, the Bank
was prepared to pay Rs. 40,000/- to
the appellant towards the main claim and no interest, but appellant was not agreeable.
5. The question therefore, is now with regard to the interest. We are not inclined to grant interest at 24% as claimed by the appellant. However, we are of the view that the appellant is entitled to interest at the rate of 12%. Now the question is from what date the interest will have to be paid. We are of the view that interest will have to be paid from the date the appellant filed the writ petition in this Court, namely C.W.P. No. 512/93. There will be an order in favour of the appellant for payment of Rs. 42,420/- with interest at the rate of 12% from the date on which the Writ Petition No. 512/93 was filed in this Court.
6. The appeal is disposed of accordingly. No costs.
