Petitioner sought interest on delayed post-retiril benefits. Court directed respondents to decide entitlement based on prior judgment within six weeks and ensure payment if due.
Direction to respondent to decide entitlement within six weeks and pay if due.
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Neutral Citation No. - 2024:AHC-LKO:55786
Court No. - 18
Case :- WRIT - A No. - 6438 of 2024
Petitioner :- Yogendra Singh Rathour Respondent :- Union Of India Thru. Its Secy. Deptt. Of Telecommunication New Delhi And 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, Mr. 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.
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 :- 13.8.2024 Subodh/-
Digitally signed by :- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether petitioner is entitled to interest on delayed payment of post-retiral benefits of privilege leave encashment at 7% per annum.
Whether petitioner is covered by the decision in Ashok Kumar Shukla versus Union of India.
Colour shows how this judgement treated each authority
Ashok Kumar Shukla versus Union of India and othersFollowed¶8
Writ A No. 2075 of 2023, Ashok Kumar Shukla versus Union of India and others
Shukla vs Union of IndiaFollowed¶8
Special Appeal (Defective) No.72 of 2024
S.L.P. No. 7939 of 2024Followed¶8
Yogendra Singh Rathour
Union Of India
Manish Mathur
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
