Devinder Gupta, A.C.J.
1. With the consent of the appellant and the respondent the appeal preferred by the appellant against the judgment of learned Single Judge dated 7.4.1983 was disposed of on 6.4.1989 and following order was passed:-
"Learned counsel for the parties agree that directions be issued to the respondents to treat the appellant as reduced to the post of Ticket Collector Grade Rs. 330-560 (RS) on a pay of Rs. 560/- from 17.1.1979 to 16.1.1981 and after the expiry of the penalty period, the appellant may be given his due promotions to grate Rs. 550-750 (RS) from 17.1.1981 and to grade Rs. 700-900 from 1.1.1984.
We accordingly issue the above said directions which shall be complied by the respondents within four weeks from today.
In this view of the matter the appeal stands disposed of with these directions."
2. This application was moved by the appellant on 2.3.1995 seeking clarification in regard to the payment of arrears of salary to the appellant for the period from 17.1.1991 to 31.12.1993 with direction that the respondents be directed to pay the arrears of salary in the pay scale of Rs. 550-750 with all other consequential benefits. Despite number of opportunities no separate reply was filed by the respondents to this application except by taking up the stand that complete and comprehensive reply was filed during the course of proceedings under the Contempt of Courts Act initiated by the appellant in order to enforce the judgment of this Court.
3. We have gone through the contents of the application as also the version of the respondents in the reply to the show cause notice in C.C.P. No. 112/90. The stand of the respondents is that though the order dated 6.4.1989 was passed directing that the appellant be given due promotion to the grade of Rs. 550-750 from 17.1.1981 and to the grade of Rs.700-900 from 1.1.1984, there was no specific direction issued for making any payment to the appellant. Intention at the time of disposal of the appeal was that the appellant would get whatever is permissible under law and rules on the basis of the promotions as directed. It is stated that pursuant to the said order dated 6.4.1989 promotion was duly given to the appellant to the scale of Rs. 550-700 by way of proforma fixation with effect from 17.1.1981. Initially promotion of the appellant to the grade of Rs. 700-900 had been ordered from 11.7.1986 on the basis of normal, rule but by virtue of the order the same was granted in the grade of Rs. 700-90.) from 1.1.1984. Arrears in the grade of Rs.700-900 were also given from 1.1.1984 to 6.5.1990, the date of retirement against re-structured post. It is also stated that as the appellant neither worked nor shouldered the responsibility of the higher post, Therefore, he was not paid arrears in the grade of Rs. 550-750 from 17.1.1981.
4. Having heard learned counsel for the parties and having gone through the record, we are of the view that the stand of the respondents is not at all justified, which has also been noticed in an earlier order passed on 1.11.1995 that though the appellant actually did not shoulder responsibility of the promoted post even in the grade of Rs. 700-900 for a particular period, yet by virtue of same order, he was allowed'' and paid arrears in the said grade from 1.1.1984. In case that was done, there was no reason why for the earlier period from 17.1.1981 to 31.12.1983 the appellant should not be paid arrears in the grade of Rs. 550-750. Document at page 340 would suggest that the Railway Board has specifically written a letter on 16.6.1986 that the appellant became due for promotion to the scale of Rs. 700-900 w.e.f. 1.1.1984 when junior to the appellant had been promoted to the said scale. By the same letter, a direction had been issued to give all consequential benefits to the appellant on the expiry of two years period from the date of imposition of penalty. It is not disputed that the period of penalty had expired on 16.1.1981. In case period of penalty expired on 16.1.1981, there is no reason that why with effect from 17.1.1981, in view of the consent order, which was passed on 6.4.1989, the appellant will not get arrears in the grade of Rs. 550-700, when he was agreed to be placed in the said grade because of the expiry of the period of penalty. The same reasoning, which held good for the period subsequent to 1.1.1984 should also hold good for the earlier period.
5. In view of the above, we allow the application and direct the respondents to pay the arrears becoming due and payable to the appellant for the period from 17.1.1981 to 31.12.1983 in the pay scale of Rs. 550-700 with all other consequential benefits, if any, accruing due. On the arrears so becoming due and payable, interest will be paid to the appellant at the rate of 9% p.a. from 1.6.1989 till date of payment. The arrears will be worked out and paid to the appellant within a period of three months from today. The application stands disposed of.
