SUPREME COURT OF INDIA

Before:-Kurian Joseph and Amitava Roy, JJ.

Civil Appeal No. 75 of 2018 [@ Special Leave Petition (C) Nos. 230 of 2009]. D/d. 8.1.2018.

State of U.P. & Ors. - Appellants

Versus

Israr Ahmad & Ors. - Respondents

For the Appellants :- Pramod Swarup, Sr. Adv., Upendra Mishra, Vinay Garg, Advocates.

For the Respondents :- Nagendra Singh, Vishwa Pal Singh, Ms. Mridula Ray Bharadwaj, Advocates.

Revised pay scales with interest - Direction to pay the revised pay scale to the respondents along with interest at the rate of 12% - State not keen on the challenge of parity and the consequential revised pay scale - Order on interest to be vacated.

[Paras 4 and 5]

JUDGMENT

Kurian, J. - Application for setting aside abatement is allowed. Delay in filing the application for substitution is condoned and the application for substitution is allowed.

2. Leave granted.

3. The State approached this Court, aggrieved by an order dated 19.12.2007 passed by the Division Bench of the High Court of Judicature at Allahabad, Lucknow Bench in Special Appeal No. 225 of 2001.

4. The Division Bench declined to interfere with the order dated 19.07.2000 passed by the learned Single Judge. The learned Single Judge issued a direction to pay the revised pay-scale to the respondents along with interest at the rate of 12%.

5. This Court had limited the notice on the issue of interest. Having regard to the contentious issues raised in the matter, we are of the view that there was no justification for granting interest on the revised pay-scale. Now that the State is not keen on the challenge of parity and the consequential revised pay-scale, we are of the view that the order on interest should be vacated. Ordered accordingly.

6. The appeal is disposed of with a further direction that in case the emoluments in the revised pay-scale have not yet been granted, the same shall be paid within three months from today.

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