Allowed

Phekoo Ram Verma v. Union of India Thru. Secy. Ministry of Communication and 2 Others

Allahabad HC21 Sept 2024WRIA/8259/2024

Case brief

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What is this about?

A writ petition sought a direction for payment of 7% interest on delayed post-retiral privilege leave encashment benefits. The Court allowed the petition, relying on the Co-ordinate Bench judgment in Ashok Kumar Shukla versus Union of India, and directed the respondents to decide within six weeks and pay if entitled.

What did the court decide?

Directed opposite parties to take final decision within six weeks regarding payment of benefits and ensure actual payment within another six weeks if petitioner is entitled.

Phekoo Ram Verma vs Union of India Thru… — Pension and Retirement Benefits | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:65515

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Court No. - 18

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Case :- WRIT - A No. - 8259 of 2024

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Petitioner :- Phekoo Ram Verma Respondent :- Union Of India Thru. Secy. Ministry Of Communication And 2 Others Counsel for Petitioner :- Abhay Kumar Ojha Counsel for Respondent :- A.S.G.I.,Dwijendra Mishra

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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. Dwijendra Mishra, 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 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 :- 21.9.2024 prabhat

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

Phekoo Ram Verma v. Union of India Thru. Secy. Ministry of Communication and 2 Others

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Phekoo Ram Verma v. Union of India Thru. Secy. Ministry of Communication and 2 Others

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