Disposed

Shri Kamal Singh v. Union of India Thru. Secy. Ministry of Communication, Govt. of India, New Delhi and 2 Others

Allahabad HC20 Aug 2024WRIA/6539/2024

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What is this about?

The Court directed the respondents to take a final decision on the petitioner's claim for post-retirement privilege leave encashment benefits with interest, considering a prior coordinate bench judgment and relevant higher court decisions. Petition disposed of after directing payment procedures.

What did the court decide?

Direct opposite parties to take a final decision on benefits payment within six weeks and ensure payment if entitled within six weeks thereafter.

Shri Kamal Singh vs Union of India Thru… — Pension and Retirement Benefits | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:56462

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Court No. - 20

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Case :- WRIT - A No. - 6539 of 2024

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Petitioner :- Shri Kamal Singh

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Respondent :- Union Of India Thru. Secy. Ministry Of Communication, Govt. Of India, New Delhi And 2 Others Counsel for Petitioner :- Deo Prakash Srivastava Counsel for Respondent :- A.S.G.I.,Dwijendra Mishra

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Hon'ble Ajay Bhanot,J.

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Heard Shri Deo Prakash Srivastava, learned counsel for petitioner and Shri Dwijendra Mishra, 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

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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 :- 20.8.2024 Ashish Tripathi

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Digitally signed by :- ASHISH NAYAN TRIPATHI High Court of Judicature at Allahabad, Lucknow Bench

Shri Kamal Singh v. Union of India Thru. Secy. Ministry of Communication, Govt. of India, New Delhi and 2 Others

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Shri Kamal Singh v. Union of India Thru. Secy. Ministry of Communication, Govt. of India, New Delhi and 2 Others

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