Disposed

Kapendra Bahadur Singh v. Union of India Thru. Its Secy. Deptt. of Telecommunications Ministry of Communications and Others

Allahabad HC4 Sept 2024WRIA/7376/2024

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What is this about?

The petitioner sought a direction for payment of interest on delayed post-retiral benefits. Relying on prior decisions, the High Court directed the respondent to decide the entitlement within six weeks and, if applicable, make actual payment within a further six weeks. The writ petition was disposed of with these directions.

What did the court decide?

Directing respondent to take a final decision on entitlement within six weeks and make actual payment within a further six weeks if entitled.

Kapendra Bahadur Singh vs Union of India… — Pension and Retirement Benefits | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:60641

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Court No. - 18

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Case :- WRIT - A No. - 7376 of 2024

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Petitioner :- Kapendra Bahadur Singh Respondent :- Union Of India Thru. Its Secy. Deptt. Of Telecommunications Ministry Of Communications And 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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1.Heard Ms. Ayushi Gupta, Advocate, holding brief on behalf of Mr. Vibhanshu Srivastava, learned counsel for petitioner, Ms. Nidhi Singh, Advocate holding brief on behalf of Mr. Anand Dwivedi, learned counsel for opposite party no.1 and Mr. Babu Ram Shukla, Advocate holding brief on behalf of 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 :- 4.9.2024 Subodh/-

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

Kapendra Bahadur Singh v. Union of India Thru. Its Secy. Deptt. of Telecommunications Ministry of Communications and Others

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Kapendra Bahadur Singh v. Union of India Thru. Its Secy. Deptt. of Telecommunications Ministry of Communications and Others

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