Disposed

Ram Prasad Yadav v. Union of India Thru. Its Secy. Ministry of Communication, New Delhi and 2 Others

Allahabad HC25 Nov 2024WRIA/11139/2024

Case brief

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What is this about?

The court disposed of a writ petition seeking interest on delayed post-retiral leave encashment benefits. Relying on a coordinate bench judgment and Supreme Court ruling, the petitioners were directed to obtain a final decision from the respondent within six weeks regarding entitlement and payment if eligible.

What did the court decide?

Direction to respondent to decide on benefits within six weeks and ensure payment within another six weeks if entitled.

Ram Prasad Yadav vs Union of India Thru… — Pension and Retirement Benefits | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:77908

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Court No. - 4 Case :- WRIT - A No. - 11139 of 2024 Petitioner :- Ram Prasad Yadav Respondent :- Union Of India Thru. Its Secy. Ministry Of Communication, New Delhi And 2 Others Counsel for Petitioner :- Anil Kumar Yadav Counsel for Respondent :- A.S.G.I.,Nidhi Singh

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Hon'ble Rajnish Kumar,J.

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Heard Shri Anil Kumar Yadav, learned counsel for petitioner, Ms. Nidhi Singh, learned counsel for opposite parties no.2 & 3 and Shri Anand Dwivedi, learned counsel for the Union of India.

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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 :- 25.11.2024 J. K. Dinkar

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

Ram Prasad Yadav v. Union of India Thru. Its Secy. Ministry of Communication, New Delhi and 2 Others

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Ram Prasad Yadav v. Union of India Thru. Its Secy. Ministry of Communication, New Delhi and 2 Others

Case brief

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