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Judgment
In the instant LPA, the State has assailed the order of the learned Single Judge dated 26.11.2012. Respondent-petitioner in CWJC No. 12814 of 2010 has prayed for the following relief:-
“That this writ petition is being filed for issuance of an appropriate writ, writs or orders commanding the respondents to pay the salary to the petitioners due since 09.07.2009 with interest admissible upon the said amount as well as the current salary.”
Question for consideration is whether respondent is entitled to salary attached to the post held by her with reference to date of regularization or not?
Learned counsel for the appellant submitted that initial appointment of the respondent is not against the sanctioned post, therefore, she is not entitled to salary and so also regularization with effect from 09.07.2009.
Perusal of the records, it is evident that regularization order of the respondent has not been withdrawn/modified/cancelled even to this day. Therefore, question for consideration is very limited to the extent whether the respondent is entitled to salary attached to the post with effect from 09.07.2009 or not?
Undisputed, facts are that her services were regularized while she was working on ad hoc basis. Having regard to the fact that her services were regularised, she is entitled to pay-scale attached to the post against regularised post.
We find there is no error committed by the learned Single Judge so as to interfere with the order dated 26.11.2012 passed in CWJC No. 12814 of 2010 on merits. However, we are interfering insofar as award of interest on arrears that respondent is not entitled to 12% interest on arrears of amount, for the reasons that Reserve Bank policy in respect of payment of interest in a circumstances of disbursing fixed or any other circumstances interest cannot be beyond 8% at the relevant point of time, therefore, award of interest @12% to be modified to that of 8%.
The concerned appellant is hereby directed to calculate differences of salary which is due to the respondent from 09.07.2009 and disburse the same along with interest @8% per annum within a period of three months from the date of receipt of this order. Failing, which the respondent is entitled to litigation cost which is quantified at Rs. 50,000/- (Rs. Fifty Thousand Only), for the reasons that respondent is before this Court for payment of salary since the year 2010.