Amar Nath Yadav v. Union of India Thru. Secy. Ministry of Communication and 2 Others
Service – Post-retiral benefits – Privilege leave encashment – Delayed payment
Case brief
What is this about?
Writ-A No. 7489 of 2024, Allahabad High Court, Lucknow Bench (Manish Mathur, J.), decided 6.9.2024. Petitioner Amar Nath Yadav v. Union of India through Secretary, Ministry of Communication and 2 others. Claim: interest at 7% per annum on delayed payment of post-retiral benefits of privilege leave encashment. Precedent relied upon: Ashok Kumar Shukla v. Union of India, Writ A No. 2075 of 2023 (03.03.2023), upheld in Special Appeal (Defective) No. 72 of 2024 (06.02.2024) and S.L.P. No. 7939 of 2024 (Supreme Court, 08.04.2024). Result: petition disposed of with directions for final decision within six weeks and payment within a further six weeks if entitled. Counsel: Deo Prakash Srivastava (petitioner); A.S.G.I./Anand Dwivedi (opposite party no.1); Satya Prakash Tiwari (opposite parties no.2 & 3).
What did the court decide?
Directions to the opposite parties to take a final decision on payment of the post retiral benefits (privilege leave encashment) in light of the Ashok Kumar Shukla judgment, if applicable, within six weeks of production of a certified copy of the order; if the petitioner is found entitled, actual payment within a further six weeks.