Disposed

Satish Mohan Seth v. Union of India Thru. Its Secy. Deptt. of Telecommunications Min. of Communications and 2 Others

Allahabad HC19 Jul 2024WRIA/5434/2024

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What is this about?

In a writ petition concerning unpaid interest on delayed leave encashment, the Allahabad High Court, relying on a prior judgment, granted the petitioner liberty to seek interest by filing a representation. Actual payment was ordered within two months if entitled.

What did the court decide?

Liberty granted to file a representation within six weeks; payment to be ensured within two months thereafter if entitled.

Satish Mohan Seth vs Union of India Thru… — Pension and Retirement Benefits | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:48686

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Court No. - 18

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Case :- WRIT - A No. - 5434 of 2024

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Petitioner :- Satish Mohan Seth Respondent :- Union Of India Thru. Its Secy. Deptt. Of Telecommunications Min. Of Communications And 2 Others Counsel for Petitioner :- Vibhanshu Srivastava Counsel for Respondent :- A.S.G.I.,Satya Prakash Tiwari

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Hon'ble Manish Mathur,J.

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Heard learned counsel for the petitioner and Mr. Anand Dwivedi, learned counsel appearing for Union of India, opposite party no.1 while notice on behalf of opposite parties 2 and 3 has been accepted by Mr. Satya Prakash Tiwari, Advocate.

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With the consent of learned counsel appearing for contesting parties, the writ petition is being decided finally.

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Contention of learned counsel for the petitioner is that although the petitioner has been paid the leave encashment, interest on delay has not been paid and thus, he is entitled to interest from the date of retirement till actual payment.

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Learned counsel for the opposite parties submits that a Circular has been issued by opposite party no.2 saying that no interest shall be paid on the delayed payment of leave encashment as it is not a statutory payment.

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In light of above, learned counsel for the opposite party submits that no interest is payable as demanded by the petitioner.

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Learned counsel for the petitioner places reliance on judgment of this Court in the case of Nand Lal v. Indian Telephone Industries Limited and 2 Ors. (Writ - A No.31490 of 2016) decided on 09.03.2018 wherein a similar issue was

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considered and decided by this Court and interest was held to be payable on account of delay.

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In view of aforesaid facts and circumstances, liberty is granted to petitioner to file a representation before the concerned authority, which shall be considered and decided within a period of six weeks from the date of submission of such representation in the light of judgment rendered by this Court in the case of Nand Lal (supra).

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If petitioner is entitled for the aforesaid benefit, actual payment thereof shall be ensured within a period of two months thereafter.

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With the aforesaid directions, the present writ petition is disposed of .

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Order Date :- 19.7.2024 kvg/-

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Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench

Satish Mohan Seth v. Union of India Thru. Its Secy. Deptt. of Telecommunications Min. of Communications and 2 Others

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Satish Mohan Seth v. Union of India Thru. Its Secy. Deptt. of Telecommunications Min. of Communications and 2 Others

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