Facts
The two contempt petitions alleged wilful and deliberate non-compliance with orders dated 27 May 2024 passed in W.P.(C) No. 9584/2018 and W.P.(C) No. 9554/2018.
Source reference: p. 2, para. 1In those writ proceedings, the Division Bench directed the respondents to release salary to the petitioners for the periods during which they had actually rendered service beyond the age of sixty pursuant to interim orders, subject to verification of their service records and attendance registers.
Source reference: pp. 2–5, paras. 2–3In Dr Shabana Praveen’s case, salary was directed for the period from 24 January 2018 to 1 June 2020; in Salma Khatoon’s case, salary was directed for the period from 12 September 2018 to 1 June 2020.
Source reference: pp. 2–5, paras. 2–3The directions were based on the Supreme Court’s order dated 1 June 2020 in Civil Appeal No. 2476/2020, which vacated the interim order permitting continuation in service but directed payment for the period during which the petitioners were found to have actually worked.
Source reference: pp. 2–4, paras. 3–5The respondents filed additional compliance affidavits.
Source reference: pp. 5–8, paras. 4–5The petitioners contended that payment had not been made within four weeks of the orders dated 27 May 2024.
Source reference: p. 8, para. 6The respondents stated that salary, including Dearness Allowance and House Rent Allowance, had been released, but the Court recorded that the amounts were released only in July 2026.
Source reference: p. 8, paras. 7, 10Issues
1. Whether the respondents had complied with the directions dated 27 May 2024 requiring release of the petitioners’ salary, subject to verification of service records and attendance?
Source reference: pp. 2–5, paras. 2–6; p. 8, paras. 6–102. Whether the petitioners were entitled to interest on account of delayed release of the amounts directed by the Court?
Source reference: p. 8, paras. 9–113. If interest was payable, what rate and period should govern such payment?
Source reference: p. 8, para. 11Law Applied
The Court applied the binding directions contained in the Supreme Court’s order dated 1 June 2020 in Civil Appeal No. 2476/2020, under which an employee who actually rendered service pursuant to an interim order was entitled to salary for that period.
Source reference: pp. 2–4, paras. 3–5It also applied the specific directions issued by the Division Bench on 27 May 2024, requiring payment within four weeks after verification of the petitioners’ service records, including attendance registers.
Source reference: pp. 2–5, paras. 2–6The Court treated Dearness Allowance and House Rent Allowance as components of salary rather than as substitutes for or exclusions from the salary obligation.
Source reference: p. 8, paras. 7–8For delayed payment, it directed payment of interest at 6% per annum from November 2024 until the date of actual release.
Source reference: p. 8, para. 11Reasoning
The respondents’ obligation was not merely to verify the petitioners’ service and release some employment-related payments; the orders expressly required release of salary within four weeks, subject to verification.
Source reference: pp. 2–5, para. 6Although the respondents claimed to have released salary along with DA and HRA, the Court held that those allowances were components of salary and therefore did not alter the fact that the payment required under the orders was delayed.
Source reference: p. 8, paras. 7–8Since the amounts were released only in July 2026, substantially after the four-week period, the Court found it appropriate to compensate the petitioners through interest.
Source reference: p. 8, paras. 9–11Relying on the circumstances of delayed compliance and the claim based on the earlier order dated 9 October 2024, the Court fixed interest at 6% per annum from November 2024 until actual payment.
Source reference: p. 8, paras. 9–11Holding
The Court disposed of both contempt petitions after recording that the principal salary amounts had ultimately been released, albeit belatedly.
It directed the respondents to pay interest at 6% per annum from November 2024 until the date of release of the payment.
Source reference: p. 8, para. 11The interest component was directed to be released to the petitioners within eight weeks from 27 July 2026.
Source reference: p. 8, para. 12The petitions were accordingly disposed of.
Source reference: p. 9, para. 13Original Court PDF
Dr Shabana PraveenvsShri Rajesh Kotecha & Anr.
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