Kamta Prasad Vs Union of India Thru. Secy. Minostry Commi. New Delhi and 2 Others — Allahabad HC (2024) — LawSathi Research

Kamta Prasad Vs Union of India Thru. Secy. Minostry Commi. New Delhi and 2 Others — Allahabad HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Directions to the opposite parties to take a final decision within six weeks (from production of a certified copy of the order) on payment of the post-retiral benefits of privilege leave encashment in the light of the Ashok Kumar Shukla judgment, if applicable, and, if the petitioner is found entitled, to ensure actual payment within a further six weeks thereafter.

Issue for consideration

Whether the petitioner is entitled to a direction for payment of interest at 7% per annum on the delayed payment of post-retiral benefits of privilege leave encashment, his case being covered by the judgment in Ashok Kumar Shukla v. Union of India and others.

Court's answer

The opposite parties are directed to take a final decision with regard to payment of the claimed post-retiral benefits in the light of this Court's judgment 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

Allahabad High Court, Lucknow Bench (Court No. 5) — WRIT - A No. 12108 of 2024, Kamta Prasad v. Union of India (Thru. Secy., Minostry Commi., New Delhi) and 2 others; order dated 16.12.2024 by Hon'ble Abdul Moin, J. The petitioner sought a direction for payment of interest at 7% per annum on the delayed payment of post-retiral benefits of privilege leave encashment, submitting that his case was covered by the Co-ordinate Bench judgment in Ashok Kumar Shukla v. Union of India (Writ A No. 2075 of 2023, decided 03.03.2023), stated to have been upheld in Special Appeal (Defective) No. 72 of 2024 (06.02.2024) and by the Hon'ble Supreme Court in S.L.P. No. 7939 of 2024 (08.04.2024). Without itself adjudicating entitlement, the Court directed the opposite parties to take a final decision on the claimed benefits in the 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 a further six weeks. The writ petition was disposed of with these directions.

Neutral Citation No. - 2024:AHC-LKO:83915

Court No. - 5

Case :- WRIT - A No. - 12108 of 2024 Petitioner :- Kamta Prasad Respondent :- Union Of India Thru. Secy. Minostry Commi. 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 :- 16.12.2024

prateek

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