O
R D E R
I.A. No. 9 in T.P. (C) No. 56 of 2007:
We have heard Mr. R.F. Nariman,
learned Solicitor General
of India and Mr. Mahabir Singh, learned senior counsel for the respondents.
2.
On thoughtful consideration of the entire matter,
we are
satisfied that the order dated March
8, 2010
does not require
any
modification or variation save and except
the interest part.
3.
As regards interest, on
totality of the
circumstances
including the circumstance that Special
Leave Petition arising
from
the judgment dated July 4, 2003 in the
matter of Major A.K. Dhanapalan
was dismissed by this Court in August,
2005 and the Kerala High Court
had not ordered payment of interest on
the arrears of pay, we direct
that the interest shall be paid by the
petitioners to the respondents
@ 6% p.a. from January 1, 2006 instead
of January 1,
1986. It is
clarified
that this order
shall govern all
similarly situated
officers who have not approached the
court and also those
who have
filed
Writ Petitions which
are pending before
various High
Courts/Armed Forces Tribunal.
4. We
record and accept
the statement of
the learned
Solicitor General that arrears of pay
with interest, as
directed
above, shall be
paid to the concerned officers expeditiously and positively within twelve
week from today.
5.
I.A. No. 9 of 2010 stands disposed of accordingly.
W.P. (C) Nos. 268/2010, 192/2012, and
I.A. No. 1 of 2011 in W.P. (C)
34/2009 and T.C. (C) Nos.
11/2010, 14-19/2010, 31/2010,
32/2010,
33/2010 and 35/2010:
The above matters and pending
I.As. therein, if any, stand
disposed of in terms of the above order
passed in I.A. No. 9 of 2010
in T.P. (C) No. 56 of 2007.
