Smt. Meena Srivastava Vs Union of India Thru. Secy. Ministry Communication Govt. New Delhi and 2 Others — Allahabad HC (2024) — LawSathi Research

Smt. Meena Srivastava Vs Union of India Thru. Secy. Ministry Communication Govt. 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 the claimed benefits (interest at 7% per annum on delayed 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 to be ensured within a further six weeks.

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 her post-retiral benefit of privilege leave encashment, in view of the Ashok Kumar Shukla precedent.

Court's answer

The opposite parties are directed to take a final decision with regard to payment of the aforesaid benefits (interest on delayed 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

If the petitioner is found entitled to the aforesaid benefits, actual payment thereof shall be ensured within a period of six weeks thereafter.ratio¶8

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Hon'ble Abdul Moin, J. — WRIT - A No. 12191 of 2024 (Neutral Citation 2024:AHC-LKO:84342), decided 17.12.2024. Petitioner Smt. Meena Srivastava sought a direction for payment of interest at 7% per annum on delayed payment of her post-retiral benefit of privilege leave encashment. Relying on 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 directed the opposite parties to take a final decision on the claimed benefits in the light of the Ashok Kumar Shukla judgment, in case 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. Writ petition disposed of accordingly.

Neutral Citation No. - 2024:AHC-LKO:84342

Court No. - 5

Case :- WRIT - A No. - 12191 of 2024 Petitioner :- Smt. Meena Srivastava Respondent :- Union Of India Thru. Secy. Ministry Communication Govt. New Delhi And 2 Others Counsel for Petitioner :- Rakesh Sharma,Satya Kumar Counsel for Respondent :- A.S.G.I.,Nidhi Singh

Hon'ble Abdul Moin,J.

Heard 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 :- 17.12.2024

prateek

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