Is interest to be paid on arrears of back wages received by court for more than 10 years back

kumarjainn (Querist) 15 August 2011 This query is : Resolved
sir
I want to know if interest on arrears of the back wages of more than ten/fifteen/twenty years is awarded by the court. In all the judgments of serving employees where back wages is awarded no orders are given for interest. kindly clarify giving some ruling of supreme court so that claim for interest can be made to the department.
thanks

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Guest (Expert) 15 August 2011
Dear Kumar,

Unless the judgment specifically makes a mention of payment of interest, no interest becomes payable on arrears of back wages.

However, if case is not yet filed in the court of law, you can make a specific request to allow payment of interest.

ajay sethi (Expert) 15 August 2011
Mr dhingra is right . have you made a claim for interest? if you have made a claim court may award you interest from date of filing of suit

kumarjainn (Querist) 15 August 2011
sir

thanks for replying
the judgment has been pronounced but interest on arrear is not specifically mentioned by the judge.

in the prayer my advocate has not specially claimed for payment of interest.

can we approach the high court again for payment of interest as the back wages includes salary from 1998 onwards. The value of money at that time was very high as compared to today. If it is possible what I have to do - file LPA or an application in the same writ petition.
sorry for bothering you again

R.Ramachandran (Expert) 15 August 2011
You will not be able to claim interest now. Such a claim would be hit by the provisions of Order 2 Rule 2 CPC. According to Order 2 Rule 2 CPC, a claim which a claimant could have claimed at the time of filing the case, but omitted to be claimed cannot be claimed subsequently.

kumarjainn (Querist) 15 August 2011
sir

I have read so many judgement passed in recent months in service matter cases in which govt. employees are being re-instated in job or promoted with arrears of back wages awarded by court. In none of these judgments court has specifically awarded interest on arrears. The arrears include salary as long back as 1990 onwards. All the lawers cannot make the same mistake not to claim interest in their prayer . Is there any rule which says interest is not payable on arrears of salary to serving employees. what is the rule number

Raj Kumar Makkad (Expert) 15 August 2011
Your similar query has rightly been replied on today itself.

kumarjainn (Querist) 15 August 2011
sir
thanks for the advice and sparing your time

AA RAMAKRISHNAN (Expert) 19 August 2011
you must have been awarded back-wages with all other benefits and reinstatement. since the court did not specifically grant you interest on back-wages though there is no plea put forth by you now you have no claim for interest. you will have a claim for interest if the arrears are not paid according to the time schedule prescribed in the order. for that you have to prefer a seperate application.

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