Writ petition seeking interest at 7% per annum on delayed payment of privilege leave encashment post-retiral benefits. Court directed authorities to take a final decision within six weeks in light of the Ashok Kumar Shukla judgment, ensuring payment within a further six weeks if entitlement found.
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Neutral Citation No. - 2024:AHC-LKO:50638
Court No. - 18
Case :- WRIT - A No. - 5725 of 2024 Petitioner :- Shriram Respondent :- Union Of India Thru. Secy. Deptt. Of Telecommunication New Delhi And 2 Others Counsel for Petitioner :- Raj Mani Dubey Counsel for Respondent :- A.S.G.I.,Satya Prakash Tiwari
Hon'ble Manish Mathur,J.
Heard learned counsel for petitioner and Mr. Babu Ram Shukla Advocate holding brief on behalf of Mr. S.P. Tiwari learned counsel for opposite parties.
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.
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.
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.
With the aforesaid directions, the writ petition stands disposed of.
Order Date :- 25.7.2024 Subodh/-
Digitally signed by :- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the petitioner is entitled to interest at 7% per annum on delayed payment of privilege leave encashment benefits, as per the Ashok Kumar Shukla precedent?
Colour shows how this judgement treated each authority
Ashok Kumar Shukla versus Union of India and othersRelied on
Writ A No. 2075 of 2023, Ashok Kumar Shukla versus Union of India and others decided vide judgment and order dated 3rd March, 2023
Special Appeal (Defective) No. 72 of 2024Referred
S.L.P. No. 7939 of 2024Referred
Shriram
Union Of India Thru. Secy. Deptt. Of Telecommunication New Delhi
Manish Mathur
As recorded by the court registry
2 orders share this CNR
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