Disposed

Rukmesh Kumar v. Union of India Thru. Secy. Deptt. of Telecommunication New Delhi and 2 Others

Allahabad HC5 Dec 2024WRIA/11638/2024

Case brief

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Petitioner sought interest on delayed payment of privilege leave encashment post-retiral benefits. Relying on the Co-ordinate Bench decision in Ashok Kumar Shukla, the Court directed authorities to decide entitlement in light of that judgment within six weeks and pay benefits within six weeks thereafter.

What the court decided

AI extract

Rukmesh Kumar Vs Union of India Thru… — Pension and Retirement Benefits | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:81299

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Court No. - 5 Case :- WRIT - A No. - 11638 of 2024 Petitioner :- Rukmesh Kumar Respondent :- Union Of India Thru. Secy. Deptt. Of Telecommunication New Delhi And 2 Others

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Counsel for Petitioner :- Raj Mani Dubey,Avinash Singh Counsel for Respondent :- A.S.G.I.,Dwijendra Mishra

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Hon'ble Abdul Moin,J.

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Heard learned counsel for petitioner, Mr. Anand Dwivedi, learned counsel for opposite party no.1 and Shri Dwijendra Mishra, learned counsel for respondents 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. 3. 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. Order Date :- 5.12.2024 prateek

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Digitally signed by :- PRATEEK ARORA High Court of Judicature at Allahabad, Lucknow Bench

Rukmesh Kumar v. Union of India Thru. Secy. Deptt. of Telecommunication New Delhi and 2 Others

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Rukmesh Kumar v. Union of India Thru. Secy. Deptt. of Telecommunication New Delhi and 2 Others

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