Disposed

Rajendra Kumar Srivastava v. Union of India Thru. Secy. Deptt. Tele Communications Ministry New Delhi and 2 Others

Allahabad HC12 Sept 2024WRIA/7778/2024

Case brief

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What is this about?

Petitioner sought interest on delayed privilege leave encashment. Court directed respondent to take a final decision within six weeks based on prior judgments and ensure payment if entitled.

What did the court decide?

Direction to take a final decision on payment of benefits within six weeks and ensure actual payment thereafter if petitioner is entitled.

Rajendra Kumar Srivastava vs Union of… — Pension and Retirement Benefits | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:63055

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Court No. - 18

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Case :- WRIT - A No. - 7778 of 2024

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Petitioner :- Rajendra Kumar Srivastava Respondent :- Union Of India Thru. Secy. Deptt. Tele Communications Ministry New Delhi And 2 Others Counsel for Petitioner :- Ravi Kant Shukla,Pankaj Singh Yadav,Siddharth Tripathi 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. Ananad Dwivedi, learned counsel for opposite party no.1-Union of India and Mr. Babu Ram Shukla, Advocate holding brief on behalf of Mr. S.P. Tiwari, learned counsel for opposite parties 2 and 3.

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Petition has been filed seeking a direction to the concerned authority for payment of interest 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 :- 12.9.2024 kvg/-

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

Rajendra Kumar Srivastava v. Union of India Thru. Secy. Deptt. Tele Communications Ministry New Delhi and 2 Others

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Rajendra Kumar Srivastava v. Union of India Thru. Secy. Deptt. Tele Communications Ministry New Delhi and 2 Others

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