Guru Prasad Chaudhari Vs Union of India Thru. Its Secy., Ministry of Comm. New Delhi and 2 Others — Allahabad HC (2024) — LawSathi Research

Guru Prasad Chaudhari Vs Union of India Thru. Its Secy., Ministry of Comm. New Delhi and 2 Others — Allahabad HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to the opposite parties to take a final decision on payment of interest at 7% per annum on the delayed payment of privilege leave encashment in the light of Ashok Kumar Shukla (supra), 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.

Issue for consideration

Whether the petitioner is entitled to a direction for payment of interest at the rate of 7% per annum on the delayed payment of post retiral benefits of privilege leave encashment. +1 more

Court's answer

In case the petitioner is found entitled to the aforesaid benefits, actual payment thereof shall be ensured within a period of six weeks (after the final decision).

Ratio / Principle

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

Key takeaways

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.ratio¶9

Detailed headnote1 paragraphs

WRIT - A No. 11757 of 2024 (High Court of Judicature at Allahabad, Lucknow Bench; Abdul Moin, J.; order dated 9.12.2024): Writ petition seeking a direction for payment of interest at 7% per annum on the delayed payment of post retiral benefits of privilege leave encashment disposed of with a direction to the opposite parties to take a final decision, in case applicable, in the light of the Co-ordinate Bench judgment in Ashok Kumar Shukla v. Union of India (Writ A No. 2075 of 2023, decided 3rd March, 2023, upheld in Special Appeal (Defective) No. 72 of 2024 dated 6th February, 2024 and by the Hon'ble Supreme Court in S.L.P. No. 7939 of 2024 dated 8th April, 2024), within six weeks of production of a certified copy of the order; if the petitioner is found entitled, actual payment to be ensured within six weeks thereafter. The Court did not itself adjudicate entitlement to the interest claim.

Neutral Citation No. - 2024:AHC-LKO:81943

Court No. - 5

Case :- WRIT - A No. - 11757 of 2024

Petitioner :- Guru Prasad Chaudhari Respondent :- Union Of India Thru. Its Secy., Ministry Of Comm. New Delhi And 2 Others Counsel for Petitioner :- Anil Kumar Yadav Counsel for Respondent :- A.S.G.I.,Nidhi Singh

Hon'ble Abdul Moin,J.

Heard Shri Anil Kumar Yadav, learned counsel for petitioner, Sri Anand Dwivedi, learned counsel for the respondent no. 1 and Ms. Nidhi Singh, learned counsel for opposite parties no.2 & 3.

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.

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 :- 9.12.2024 prateek

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