Disposed

Kapendra Bahadur Singh v. Union of India Thru. Its Secy. Deptt. of Telecommunications Ministry of Communications and Others

Allahabad HC4 Sept 2024/7376/2024

Case brief

AI extract

What is this about?

Single judge order directing authorities to decide on petitioner's claim for 7% interest on delayed post-retirement leave encashment benefits, referencing Ashok Kumar Shukla precedent, and establishing a six-week timeline for decision and subsequent payment.

What did the court decide?

Direction to take final decision on entitlement within six weeks and to pay benefits within six weeks thereafter if entitled.

Kapendra Bahadur Singh Vs Union of India… — Pension and Retirement Benefits | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:60641

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Court No. - 18

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Case :- WRIT - A No. - 7376 of 2024

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Petitioner :- Kapendra Bahadur Singh Respondent :- Union Of India Thru. Its Secy. Deptt. Of Telecommunications Ministry Of Communications And 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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1.Heard Ms. Ayushi Gupta, Advocate, holding brief on behalf of Mr. Vibhanshu Srivastava, learned counsel for petitioner, Ms. Nidhi Singh, Advocate holding brief on behalf of 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.

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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 :- 4.9.2024 Subodh/-

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Digitally signed by :- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench

Kapendra Bahadur Singh v. Union of India Thru. Its Secy. Deptt. of Telecommunications Ministry of Communications and Others

Case brief

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Kapendra Bahadur Singh v. Union of India Thru. Its Secy. Deptt. of Telecommunications Ministry of Communications and Others

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