The Chief of Army Staff The Chief of Air Staff The Chief of Naval Staff
Subject: Implementation of Supreme Court order dated 4.9.2012 in IA No. 9 of 2010 in Transfer Petition ( C) No. 56 of 2007— Union of India and others versus N.K.Nair & others, etc,etc.
Extract of Supreme Court Order dated 4.9.2011 [click here to see source link of SC Order]
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 weeks 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.
SEPTEMBER 4, 2012.
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