Disposed

Ajit Kumar Singh and Another v. Union of India Thru. Its Secy. Min. of Communication New Delhi and 2 Others

Allahabad HC31 Jul 2024/5974/2024

Case brief

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What is this about?

This writ petition sought a direction for payment of 7% annual interest on delayed post-retiral benefits. The High Court directed the respondent to make a final decision within six weeks based on a coordinate bench judgment, with actual payment to follow six weeks thereafter.

What did the court decide?

Direction to respondent to decide entitlement within six weeks; if entitled, payment to be made within six weeks thereafter.

Ajit Kumar Singh and Another Vs Union of… — Pension and Retirement Benefits | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:52156

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Court No. - 18

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Case :- WRIT - A No. - 5974 of 2024

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Petitioner :- Ajit Kumar Singh And Another Respondent :- Union Of India Thru. Its Secy. Min. Of Communication New Delhi And 2 Others Counsel for Petitioner :- Abhay Kumar Ojha Counsel for Respondent :- A.S.G.I.,Satya Prakash Tiwari

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Hon'ble Manish Mathur,J.

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Heard learned counsel for petitioner, Anand Dwivedi, learned counsel for opposite party no. 1 and Mr. Babu Ram Shukla Advocate holding brief on behalf of Mr. S.P. Tiwari 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 :- 31.7.2024 Satish

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Digitally signed by :- SATISH KUMAR BHARATI High Court of Judicature at Allahabad, Lucknow Bench

Ajit Kumar Singh and Another v. Union of India Thru. Its Secy. Min. of Communication New Delhi and 2 Others

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Ajit Kumar Singh and Another v. Union of India Thru. Its Secy. Min. of Communication New Delhi and 2 Others

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