Neutral Citation No. - 2025:AHC:30171 Court No. - 10 Case :- WRIT - A No. - 9943 of 2015 Petitioner :- Kailash Narain Trigunayat Respondent :- State Of U.P. And 5 Ors. Counsel for Petitioner :- Rajesh Kumar Singh Counsel for Respondent :- C.S.C.,Divendu Tripathi,Neeraj Kumar Mishra Hon'ble Saurabh Shyam Shamshery,J. 1. Heard Sri Rajesh Kumar Singh, learned counsel for the petitioners and Sri Dheerendra Pratap, learned Standing Counsel. 2. It is not under much dispute that petitioner has earlier approached this Court by way of filing a Writ Petition No.59095 of 2013 which was disposed of vide order dated 7.11.2013 with a direction to the DIOS, Allahabad to decide the matter regarding arrears of salary and also the post retiral dues within a period of two months and further in pursuance of Contempt Petition petition arrears of two years salary i.e. Rs.1306,458 was paid to the petitioner in September, 2014. 3. Learned counsel for the petitioner submitted that petitioner was constrained to approach this Court by way of filing present writ petition with a prayer to pay interest on the amount of arrears of salary at the rate of 12% per annum on the delayed payment. 4. An objection was raised by the learned counsel for the respondents that for the same cause of action, subsequent writ petition is not maintainable. 5. Learned counsel for the petitioner has placed reliance on a Full Bench judgment of Punjab and Haryana High Court in C.M.W.P. 2 No.2883 of 1997, A.S.Randhawa Vs. State of Punjab & Ors, decided on 16.5.1997 that subsequent writ petition seeking interest on delayed payment would be maintainable. 6. Learned counsel for the petitioner further submits that he has not prayed for interest on delay amount in the first writ petition since he was satisfied when the first writ petition was disposed of and that Court is of the view that since in the earlier round of litigation, in which claim was to be considered and interest if any ought to have been paid or denied, but when it was not paid nor denied, therefore, petitioner has approached this Court, accordingly in the given facts, second writ petition is maintainable. 7. 7. In order to consider the above submissions the order passed in the earlier round of litigation in Writ-A No.59095 of 2013 dated 7.11.2013 being relevant and, therefore, in its entirety is reproduced hereinafter: “Upon oral request learned counsel for the petitioner is permitted to correct description of respondent no.5 by substituting 'Varanasi' by 'Allahabad. Heard learned counsel for the parties. The petitioner's age of superannuation has since been determined by the Joint Director of Education, Allahabad Region, Allahabad vide order dated 23.05.2013 (Annexure 7 to the writ petition) whereby it was held that the petitioner was entitled to continue in service till the age of 62 years and further taking advantage of academic session he was to retire on 30.06.2012. The grievance of the petitioner is that the management retired the petitioner at the age of 60 years. The petitioner is thus entitled to two years salary from 1.7.2010 till 30.06.2012 and further all the post retiral benefits which may be admissible to him after his retirement at the age of 62 years. In this regard the petitioner has made several representations to the Educational Authorities specially to the District 3 Inspector of Schools, Allahabad and its copies endorsed to the Higher Educational Authorities right from the month of June, 2013. From the record it appears that every month the petitioner is sending reminders to the District Inspector of Schools and other Educational Authorities but till date neither the salary has been paid to the petitioner for the period 1.7.2010 to 30.06.2012 nor the post retiral dues including pension has been paid. In absence of payment of arrears of salary and post retiral dues the petitioner is facing severe financial hardship. Accordingly this petition is disposed of with a direction to the District Inspector of Schools, Allahabad (respondent no.5) to examine the grievance of the petitioner and take appropriate steps to ensure that the petitioner is paid arrears of salary as also the post retiral dues as claimed by him provided the same are permissible under law. The District Inspector of Schools, Allahabad will also ensure that the Committee of Management shall extend full cooperation in helping the petitioner who has not received any amount after June, 2010. This exercise may be completed within a period of two months from the date of production of a certified copy of this order, strictly in accordance with law.“ 8. As referred above, Court takes note that petitioner has not received any amount after June, 2010 and he has filed a writ petition in the year 2013 when the matter was remanded to examine the grievance of the petitioner and to take appropriate steps to ensure that petitioner is paid arrears of salary and entire dues as permissible under law. 9. It is not under much dispute that subsequently a representation in the office of DIOS, Allahabad was received on 23.11.2013 and thereafter a reply was submitted by the petitioner on 6.12.2013 and finally after contempt proceedings were initiated the DIOS has accepted claim of the petitioner and subsequently after six months on 5.9.2014 order for payment of arrears of about Rs. 13 lakhs was passed and thereafter it was deposited in the bank account of 4 the petitioner, therefore, delay, if any, would be from 5.3.2014 to 5.9.2014 which is of only six months which could be a procedural delay, still considering that petitioner has approached this Court, therfore, instead of passing a specific order, so far as interest is concerned, this writ petition is disposed of with a direction that State will pay Rs.75,000/- as a litigant cost which may satisfy the petitioner so far as his claim of interest is concerned. 10. With the aforesaid observations/direction, this writ petition is disposed of. 11. This case shall not be considered as a precedent since it has been passed considering the peculiar facts and circumstances of the case. Order Date :- 4.3.2025 SB Digitally signed by :- SANDEEP BHATTACHARYA High Court of Judicature at Allahabad