Disposed

Ramesh Kumar v. Union of India Thru. Secy. Deptt. of Telecommunication New Delhi and 2 Others

Allahabad HC28 Nov 2024/11302/2024

Case brief

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What is this about?

This single-judge order disposed of a writ petition seeking interest on delayed payment of post-retiral privilege leave encashment. The court directed the respondents to decide the entitlement within six weeks, guided by a coordinate Bench judgment and Supreme Court precedents.

What did the court decide?

Direction to take a final decision on benefits within six weeks; actual payment to be ensured within six weeks thereafter if entitled.

Ramesh Kumar Vs Union of India Thru. Secy… — Pension and Retirement Benefits | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:78992

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Court No. - 5

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Case :- WRIT - A No. - 11302 of 2024

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Petitioner :- Ramesh Kumar Respondent :- Union Of India Thru. Secy. Deptt. Of Telecommunication New Delhi And 2 Others Counsel for Petitioner :- Vibhanshu Srivastava Counsel for Respondent :- A.S.G.I.,Nidhi Singh

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Hon'ble Abdul Moin,J.

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Heard Shri Anil Kumar Yadav, learned counsel for petitioner, Sri Anand Dwivedi, learned counsel for the respondent no. 1 and Ms. Nidhi Singh, learned counsel for opposite parties no.2 & 3.

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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.

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It is submitted that petitioner's 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.

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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 petitioner is found entitled for the aforesaid benefits, actual payment thereof shall be ensured within a period of six weeks thereafter.

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

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Order Date :- 28.11.2024 Pachhere/-

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Digitally signed by :- SATYENDRA SINGH PACHHERE High Court of Judicature at Allahabad, Lucknow Bench

Ramesh Kumar v. Union of India Thru. Secy. Deptt. of Telecommunication New Delhi and 2 Others

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Ramesh Kumar v. Union of India Thru. Secy. Deptt. of Telecommunication New Delhi and 2 Others

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