2012 (10) TMI 805

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....s. He also prayed that the said interest may be treated as notional principal for onward payment of interest up to the date of payment of interest. The trial Court, vide judgment dated 16.09.2009, dismissed the suit of the plaintiff with costs, against which, an appeal was preferred by him. However, the Appellate Court, vide judgment dated 15.02.2010, allowed the appeal of the plaintiff and held him entitled to interest at the rate of 9% per annum upon arrears of salary payable, till payment of arrears in 2006. It was further directed that in case due amount was not paid within a period of two months, the plaintiff shall be entitled to interest at the rate of 6% per annum from the date of filing of the suit till realization on the due am....

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....date of sanctioning of payment with retrospective effect, therefore, the plaintiff was not entitled to any interest thereon. Regular Second Appeal No. 176 of 2012 (O&M) From the pleadings of the parties, following issues were framed by the trial Court:- "1. Whether the plaintiff is entitled for interest at the rate of 12% on arrears of G.P.F. of Rs.95,051/-? OPP 2. If issue No.1 is proved, whether plaintiff is entitled for decree of mandatory injunction, as prayed for? OPP 3. Whether the suit of the plaintiff is not maintainable in the present form? OPD 4. Whether the suit of the plaintiff is barred by Order 2, Rule 2 CPC? OPP 5. Whether the plaintiff has no cause of action to file the present suit? OPD 6. Whether the plai....

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....lonel (Now Major) Surjit Singh Vs. General Officer Commanding 33, Mechanised Division, C/o 56 A.P.O. and others, 1988 (3) SLR 439, it was observed that since the arrears of salary were not given to the employee within time, therefore, he was entitled to interest at the rate of 12% per annum. Similarly in case Surinder Singh Vs. Union of India and others, 1988 (7) SLR 645, the Central Administrative Tribunal, Chandigarh, had awarded interest at the rate of 12% per annum. It was further ordered that the interest was to be calculated on year wise basis. Further in case Chanan Singh Vs. Punjab State Electricity Board, Patiala, 1992 (2) Recent Services Judgments 451, this Court has observed as under:- "5. The appellant has claimed interest on....