Shri Kamal Singh Vs Union of India Thru. Secy. Ministry of Communication, Govt. of India, New Delhi and 2 Others — Allahabad HC (2024) — LawSathi Research

Shri Kamal Singh Vs Union of India Thru. Secy. Ministry of Communication, Govt. of India, New Delhi and 2 Others — Allahabad HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to the opposite parties to take a final decision on payment of the claimed benefits (interest at 7% per annum on delayed privilege leave encashment) in the light of the Ashok Kumar Shukla judgment, if applicable, within six weeks of production of a certified copy of the order, and to ensure actual payment within a further six weeks if the petitioner is found entitled.

Issue for consideration

Whether the petitioner is entitled to a direction for payment of interest at 7% per annum on the delayed payment of his post-retiral benefit of privilege leave encashment. +1 more

Court's answer

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

Ratio / Principle

The opposite parties are directed to take a final decision with regard to payment of the claimed benefits in the light of this Court's judgment in Ashok Kumar Shukla (supra), in case the same is applicable.

Key takeaways

The final decision shall be taken within a period of six weeks from the date a certified copy of the order is produced before the said authority.ratio¶11

Detailed headnote1 paragraphs

Allahabad High Court, Lucknow Bench (Ajay Bhanot, J.) disposed of a writ petition (WRIT - A No. 6539 of 2024) in which the petitioner, a retiree, sought a direction for payment of interest at 7% per annum on the delayed payment of his post-retiral benefit of privilege leave encashment. Noting counsel's submission that the case was covered by the Co-ordinate Bench decision in Ashok Kumar Shukla versus Union of India and others (Writ A No. 2075 of 2023, decided 3rd March, 2023), upheld in Special Appeal (Defective) No. 72 of 2024 (judgment dated 6th February, 2024) and by the Hon'ble Supreme Court in S.L.P. No. 7939 of 2024 (decided 8th April, 2024), the Court directed the opposite parties to take a final decision on the claim in the light of the Ashok Kumar Shukla judgment, in case the same is applicable, within six weeks of production of a certified copy of the order, and, if the petitioner is found entitled, to ensure actual payment within a further period of six weeks.

Neutral Citation No. - 2024:AHC-LKO:56462

Court No. - 20

Case :- WRIT - A No. - 6539 of 2024

Petitioner :- Shri Kamal Singh

Respondent :- Union Of India Thru. Secy. Ministry Of Communication, Govt. Of India, New Delhi And 2 Others Counsel for Petitioner :- Deo Prakash Srivastava Counsel for Respondent :- A.S.G.I.,Dwijendra Mishra

Hon'ble Ajay Bhanot,J.

Heard Shri Deo Prakash Srivastava, learned counsel for petitioner and Shri Dwijendra Mishra, 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 :- 20.8.2024 Ashish Tripathi

Digitally signed by :- ASHISH NAYAN TRIPATHI High Court of Judicature at Allahabad, Lucknow Bench