Madhu Sudan Shukla Vs Union of India Thru. Secy. Ministry of Communication Govt. of India New Delhi and 2 Others — Allahabad HC (2024) — LawSathi Research

Madhu Sudan Shukla 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

Directions issued to the opposite parties to take a final decision on payment of the claimed benefits (interest on delayed post retiral benefits of 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 six weeks thereafter.

Issue for consideration

Whether the petitioner is entitled to a direction for payment of interest on the delayed payment of his post retiral benefits of privilege leave encashment. +1 more

Court's answer

The opposite parties are directed to take a final decision with regard to payment of the aforesaid benefits (interest on delayed payment of post retiral benefits of 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 a period of six weeks from the date a certified copy of the order is produced before the said authority.

Key takeaways

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¶9

Detailed headnote1 paragraphs

Madhu Sudan Shukla v. Union of India (WRIT - A No. 8578 of 2024, High Court of Judicature at Allahabad, Lucknow Bench, Manish Mathur, J., order dated 26.9.2024; Neutral Citation 2024:AHC-LKO:66703). The petitioner sought a direction for payment of interest on the delayed payment of his post retiral benefits of privilege leave encashment, submitting that his case was covered by the Co-ordinate 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 (6th February, 2024) and by the Hon'ble Supreme Court in S.L.P. No. 7939 of 2024 (8th April, 2024). The Court disposed of the writ petition directing the opposite parties to take a final decision on the claimed benefits in light of the Ashok Kumar Shukla judgment, if 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 six weeks thereafter.

Neutral Citation No. - 2024:AHC-LKO:66703

Court No. - 18

Case :- WRIT - A No. - 8578 of 2024

Petitioner :- Madhu Sudan Shukla Respondent :- Union Of India Thru. Secy. Ministry Of Communication Govt. Of India New Delhi And 2 Others Counsel for Petitioner :- Abhay Kumar Ojha 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-Union of India and Ms. Nidhi Singh, 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 :- 26.9.2024 kvg/-

Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench