Disposed

Sada Phal Singh and Others v. Union of India Thru. Secy. Ministry of Communication Govt. of India New Delhi and 2 Others

Allahabad HC26 Nov 2024/11224/2024

Case brief

AI extract

What is this about?

The Allahabad High Court, Lucknow Bench directed the respondent authority to make a final decision on payment of interest for delayed post-retirement privilege leave encashment, following a coordinate bench and higher court precedents, with a six-week timeline.

What did the court decide?

Direction to take a final decision on post-retirement benefits within six weeks and pay benefits within another six weeks if due.

Sada Phal Singh and Others Vs Union of… — Pension and Retirement Benefits | Allahabad HC (2024)

¶1

Neutral Citation No. - 2024:AHC-LKO:78429

¶2

Court No. - 5

¶3

Case :- WRIT - A No. - 11224 of 2024

¶4

Petitioner :- Sada Phal Singh And Others Respondent :- Union Of India Thru. Secy. Ministry Of Communication Govt. Of India New Delhi And 2 Others Counsel for Petitioner :- Abhay Kumar Ojha Counsel for Respondent :- A.S.G.I.,Nidhi Singh

¶5

Hon'ble Abdul Moin,J.

¶6

Heard learned counsel for petitioners, Sri Anand Dwivedi, learned counsel for the respondent no. 1 and Ms. Nidhi Singh, learned counsel for opposite parties no.2 & 3.

¶7

Petition has been filed seeking a direction to the concerned authority for payment of interest at the rate of 7% per annum on the delayed payment of post retiral benefits of privilege leave encashment.

¶8

It is submitted that petitioners' case is covered by judgment rendered by Co-ordinate Bench of this Court in Writ A No. 2075 of 2023, Ashok Kumar Shukla versus Union of India and others decided vide judgment and order dated 3rd March, 2023 and was upheld in Special Appeal (Defective) No. 72 of 2024 vide judgment and order dated 6th February, 2024 as well as by Hon'ble Supreme Court in S.L.P. No. 7939 of 2024 decided vide judgment and order dated 8th April, 2024.

¶9

Considering the aforesaid aspects, the opposite parties are directed to take a final decision with regard to payment of aforesaid benefits in the light of judgment rendered by this Court in the case of Ashok Kumar Shukla (supra), in case same is applicable. Final decision shall be taken within a period of six weeks from the date a certified copy of this order is produced before the said authority. In case petitioners are found entitled for the aforesaid benefits, actual payment thereof shall be ensured within a period of six weeks thereafter.

¶10

With the aforesaid directions, the writ petition stands disposed of.

¶11

Order Date :- 26.11.2024 A. Katiyar

¶12

Digitally signed by :- AMIT KATIYAR High Court of Judicature at Allahabad, Lucknow Bench

Sada Phal Singh and Others v. Union of India Thru. Secy. Ministry of Communication Govt. of India New Delhi and 2 Others

Case brief

What is this about?

What did the court decide?

Sada Phal Singh and Others v. Union of India Thru. Secy. Ministry of Communication Govt. of India New Delhi and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Ram Sagar vs Preeti Singh Sub Divisional Magistrate Tehshil Sirauli Gauspur Dist. Barabanki and Another

Satya Narayan Shukla and Others vs State of U.P. Thru. Addl. Chief Secy./ Prin. Secy. (Finance Deptt) Govt. of U.P. Lko. and 4 Others

Chandra Dev Pandey vs State of U.P. Thru. Prin. Secy. Deptt. of Khadi Evam Gramudyog U.P. Lko. and 4 Others

Ram Laut Vs State of U.P. Thru. Its Prin. Secy. Deptt. of Sugar Industries Lko. and 3 Others

R.C. Verma (Ram Chandra Verma ) Vs State of U.P. Thru. Prin. Secy. Agriculture Deptt. U.P. Lko. and 2 Others

Vishal Bharti Vs State of U.P. Thru. Prin. Secy. Urban Development Lko. and Another