Neutral Citation No. - 2025:AHC-LKO:13330-DB Court No. - 1 Case :- SPECIAL APPEAL DEFECTIVE No. - 95 of 2025 Appellant :- State Of U.P. Thru. Prin. Secy. Secondary Education Lko. And 4 Others Respondent :- Jagdamba Prasad Tiwari And Another Counsel for Appellant :- C.S.C. Counsel for Respondent :- Prashant Kumar Singh Hon'ble Attau Rahman Masoodi,J. Hon'ble Subhash Vidyarthi,J. Order on C.M. Application No. 1A/1/2025 1. The intra court appeal arising out of the judgment and order dated 4.9.2024 passed by the writ court in Writ A No. 2863 of 2024 is delayed by 143 days. 2. An application for condonation of delay supported with an affidavit has been filed by the appellant along-with the appeal. 3. Sufficient reasons have been spelt out in the affidavit filed in support of delay condonation application to which there is no objection. 4. In absence of any objection and the cause shown being sufficient, the application is allowed and the delay in filing the present intra court appeal is condoned. Order on Appeal 5. Heard Sri Mohit Jauhari learned counsel for the appellant-State and Sri Prashant Kumar Singh learned counsel for the respondent no. 1. 6. By means of the instant intra court appeal, the appellant-State of U.P. has challenged the validity of an order dated 4.9.2024 passed by the Hon'ble Single Judge of this Court in writ A No.2863 of 2024. 7. The only submission raised by the learned Standing Counsel is that the writ court has ordered payment of simple interest at the rate of 6% per annum on the delayed payment of the salary. The writ court has held that the petitioner had been sanctioned payment of salary w.e.f. 1.7.2010 by means of an order passed by the Director of Secondary Education on 20.04.2017 and thereafter the District Inspector of Schools had sought requisite funds for payment through his letter dated 7.10.2017. The State government has sanctioned the amount by means of an order dated 17.5.2024. 8. The writ court found that in view of the inordinate delay in making payment of arrears of the salary to the petitioner without any fault on his part, the State should pay simple interest at the rate of 6% per annum we.e.f 1.7.2010 till the date of actual payment. 9. Sri Mohit Jauhari, the learned Standing Counsel for the State of U.P. has submitted that there is no provision in law for payment of interest on delayed payment of salary. We are unable to accept this submission, as Section 3 of the Interest Act, 1978 provides that in any proceeding for recovery of any debt, the Court may allow interest to the person entitled to the debt, arrears of salary amount to a debt and the Court can award interest on delayed payment of salary as per the provision contained in Section 3 of the Interest Act, 1978. 10. The writ court has awarded simple interest @ 6% per annum keeping in view the peculiar facts and circumstances of the case. The order passed by the writ Court does not suffer from any infirmity warranting interference in this intra court appeal . 11. The Special appeal is bereft of any merit and it is accordingly dismissed. . [Subhash Vidyarthi,J.] [Attau Rahman Masoodi, J.] Order Date :- 5.3.2025 kanhaiya Digitally signed by :- KANHAIYA KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- KANHAIYA KUMAR High Court of Judicature at Allahabad, Lucknow Bench