Indian Kanoon - Search engine for Indian Law

9.2 Now, it cannot be gainsaid that though there is some delay in filing the petition, the petitioners and their Association were agitating the issue time and again. It was when the Government did not remove the discrimination even while issuing the Resolution dated 25-4-1991 extending the benefit to a larger class of teachers who retired between 1-1-1973 and 31-3-1982 but did not accept the representations made by the full-time law teachers that the present petition came to be filed in October, 1991. In view of the fact that the discrimination meted out to the teachers in private affiliated law colleges has been found to be unjustified by the Apex Court as well as by this Court, and therefore, the petitioners have a good case on merits, this Court would not be inclined to dismiss the petition on the ground of delay alone, more particularly when that aspect can be taken care of while moulding the reliefs by not awarding any interest on the arrears of pension till the date of filing the petition.

(iii) For making the above calculations, interest on the balance amount of contributory provident fund (after deducting the amount adjusted against the commuted pension) shall be calculated at the rate of 9% p. a. from the date of retirement till the amount is adjusted against the arrears of pension, but no interest shall be payable on the amount of arrears of pension payable to the retired law teachers by virtue of this judgment for the period from the date of retirement till 31-10-1991.

(iv) The amount of arrears of pension payable to law teachers who retired on or after 1-4-1982 shall be paid with interest at the rate of 9% p. a. from 1-11-1991 or the date of retirement, whichever is later, till the date of payment, or till the adjustment against refund of contributory provident fund as stated above.

B For the purpose of carrying out the above directions, the respondents shall, on their own or through the respective law colleges, work out the amounts payable to the petitioners and other full-time teachers of non-government law colleges who retired on or after 1-4-1982 within three months from the date of receipt of the writ of this Court or a certified copy of this judgment, whichever is earlier, and thereafter, the State Government shall make the payments of the amounts so worked out to the concerned retired teachers within six months from the date of receipt of the writ of this Court or a certified copy of this judgment, whichever is earlier. If the directions given in this judgment are not complied with within the aforesaid time-limit, the arrears of pension shall carry interest at the rate of 12% p. a. from 1-11-1999.