Dismissed

Arun Kumar Srivastava v. Union of India Thru. Secy. Deptt. of Telecommunications Ministry of Communications and 2 Others

Allahabad HC8 Aug 2024/6267/2024

Case brief

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What is this about?

This court directed respondents to take a final decision within six weeks on the petitioner's claim for 7% interest on delayed post-retiral privilege leave encashment, citing a coordinate bench judgment and Supreme Court rulings, and ensured payment within another six weeks if applicable.

What did the court decide?

Authority directed to take final decision on benefits and payment within six weeks; writ petition disposed of.

Arun Kumar Srivastava Vs Union of India… — Pension and Retirement Benefits | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:54492

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Court No. - 18

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Case :- WRIT - A No. - 6267 of 2024

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Petitioner :- Arun Kumar Srivastava Respondent :- Union Of India Thru. Secy. Deptt. Of Telecommunications Ministry Of Communications And 2 Others Counsel for Petitioner :- Vibhanshu Srivastava 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, Mr. Anand Dwivedi, learned counsel for opposite party no. 1 and Mr. Shivam Tripathi Advocate holding brief on behalf of Mr. S.P. Tiwari learned counsel for opposite parties.

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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 :- 8.8.2024 Satish

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

Arun Kumar Srivastava v. Union of India Thru. Secy. Deptt. of Telecommunications Ministry of Communications and 2 Others

Case brief

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Arun Kumar Srivastava v. Union of India Thru. Secy. Deptt. of Telecommunications Ministry of Communications and 2 Others

Case brief

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