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Jammu, Oct 10: In CPSW No. 500/2017 titled Jawahar Lal Koul and others vs Mohd. Farooq Thoker after heaering HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE ORDERED as:-
Vide order dated 24.10.2016 passed by the writ court, the respondents were directed to consider the petitioners eligible for grant of revised pay scale notionally with effect from 01.01.2006 and it was also provided that the petitioners shall be entitled to all retiral benefits including the gratuity etc strictly in accordance with rules calculated on the pay so received.
The aforesaid judgment was modified by the LPA Bench in terms of order dated 20.02.2017 to the extent of direction of the writ court pertaining to grant of gratuity.
The arrears of revised pay are not being paid to the petitioners even after the disposal of the LPA in February, 2017.
We are in October, 2023 and even after the lapse of more than six years, the petitioners who are stated to have retired from service, have not been paid their dues.
On 25.08.2023, the Manager Law of the respondent-Corporation had informed the Court that arrears of salary shall be paid to the employees of the Corporation in 10 installments starting from August, 2022.
Keeping in view the fact that the petitioners are senior citizen having already retired from service, on 04.09.2023, the respondent-Corporation was asked to explore the possibility of paying the balance arrears of salary to the petitioners in five installments.
Today, Mr. Sumeet Bhatia, learned GA, appearing on behalf of the respondent-Corporation, has submitted that the financial position of the Corporation is not in good health, as a result of which, it is not possible to pay the arrears of salary to the petitioners in five installments.
The judgment of the writ court as upheld by the Division Bench was to release the arrears of salary after calculating the same in favour of the petitioners and there was no concession given to the respondents to pay the said amount in installments.
Therefore, it was not open to the respondents to release the arrears of salary in favour of the petitioners in installments.
This Court has been lenient enough in not insisting upon release arrears of salary in favour of the petitioners in one go but that does not mean that the respondents would have their way in deciding as to in how many installments they will clear the arrears of salary of the petitioners.
In view of all what has been stated above, the respondents are directed to clear the arrears of salary due to the petitioners in five monthly installments beginning from October, 2023, failing which, appropriate orders shall follow.
List this matter for monitoring the compliance of this order on 01.11.2023.
A copy of this order be sent to the respondents through Mr. Bhatia.
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