Disposed

Santosh Kumar Gupta v. Union of India Thru. Secy. Ministry of Communication, New Delhi and 2 Others

Allahabad HC9 Aug 2024WRIA/6342/2024

Case brief

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What is this about?

Petitioner sought interest on delayed post-retiral benefits. Court directed opposing parties to decide merits within six weeks based on Ashok Kumar Shukla precedent, with payment to follow within six weeks thereafter if entitlement is established.

What did the court decide?

Direction to respondents to decide payment of benefits and interest within six weeks based on Ashok Kumar Shukla.

Santosh Kumar Gupta vs Union of India… — Pension and Retirement Benefits | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:54891

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Court No. - 18

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Case :- WRIT - A No. - 6342 of 2024

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Petitioner :- Santosh Kumar Gupta Respondent :- Union Of India Thru. Secy. Ministry Of Communication, New Delhi And 2 Others Counsel for Petitioner :- Deo Prakash 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 petitioner, Mr. Anand Dwivedi, learned counsel for opposite party no.1 and Mr. S.P. Tiwari, learned counsel for opposite parties 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.

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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.

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Order Date :- 9.8.2024 prabhat

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Digitally signed by :- PRABHAT KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Santosh Kumar Gupta v. Union of India Thru. Secy. Ministry of Communication, New Delhi and 2 Others

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Santosh Kumar Gupta v. Union of India Thru. Secy. Ministry of Communication, New Delhi and 2 Others

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