Ram Surat Vs Union of India Thru. Secy. Ministry. of Communication New Delhi and 2 Others — Allahabad HC (2024) — LawSathi Research

Ram Surat Vs Union of India Thru. Secy. Ministry. of Communication New Delhi and 2 Others — Allahabad HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of with directions to the opposite parties to take a final decision on payment of the post-retiral benefits in light of Ashok Kumar Shukla (supra), 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 payment of interest on the delayed payment of his post-retiral benefits of privilege leave encashment, and whether his case is covered by the decision in Ashok Kumar Shukla versus Union of India and others.

Court's answer

The opposite parties are directed to take a final decision with regard to payment of the post-retiral benefits (interest on delayed privilege leave encashment) in the light of the judgment of this Court in Ashok Kumar Shukla (supra), in case the same is applicable.

Ratio / Principle

The final decision shall be taken within six weeks from the date a certified copy of the order is produced before the concerned authority.

Key takeaways

If the petitioner is found entitled to the aforesaid benefits, actual payment thereof shall be ensured within a period of six weeks thereafter.ratio¶9

Detailed headnote1 paragraphs

Writ petition (WRIT - A No. 8257 of 2024, High Court of Judicature at Allahabad, Lucknow Bench, Manish Mathur, J.) by Ram Surat against Union of India through Secretary, Ministry of Communication, and others, seeking a direction for payment of interest on delayed payment of post-retiral benefits of privilege leave encashment. Noting the petitioner's claim that his case is covered by the coordinate-bench judgment in Ashok Kumar Shukla versus Union of India and others (Writ A No. 2075 of 2023, decided 3rd March, 2023), which was upheld in Special Appeal (Defective) No. 72 of 2024 (decided 6th February, 2024) and by the Hon'ble Supreme Court in S.L.P. No. 7939 of 2024 (decided 8th April, 2024), the Court disposed of the petition directing the opposite parties to take a final decision on the benefits in the light of the Ashok Kumar Shukla judgment, if applicable, within six weeks of a certified copy of the order being produced before the authority, and, if the petitioner is found entitled, to ensure actual payment within a further six weeks. Order dated 21.9.2024.

Neutral Citation No. - 2024:AHC-LKO:65510

Court No. - 18

Case :- WRIT - A No. - 8257 of 2024

Petitioner :- Ram Surat Respondent :- Union Of India Thru. Secy. Ministry. Of Communication New Delhi And 2 Others Counsel for Petitioner :- Anil Kumar Yadav Counsel for Respondent :- A.S.G.I.,Satya Prakash Tiwari

Hon'ble Manish Mathur,J.

Heard learned counsel for petitioner, Mr. Ananad Dwivedi, learned counsel for opposite party no.1-Union of India and Mr. Babu Ram Shukla, Advocate holding brief on behalf of Mr. S.P. Tiwari, learned counsel for opposite parties 2 and 3.

Petition has been filed seeking a direction to the concerned authority for payment of interest 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 :- 21.9.2024 prabhat

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