Disposed

Shiv Narayan Gupta v. Union of India Thru. Secy. Ministry of Communication Govt. of India New Delhi and 2 Others

Allahabad HC25 Sept 2024WRIA/8529/2024

Case brief

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What is this about?

This petition sought a direction for payment of 7% interest on delayed post-retiral benefits. Relying on a coordinate bench judgment, the court directed the respondents to make a final decision within six weeks and ensure actual payment if the petitioner was entitled.

What did the court decide?

Direction to respondents to take final decision within six weeks and ensure payment if petitioner is entitled.

Shiv Narayan Gupta vs Union of India Thru… — Pension and Retirement Benefits | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:66364

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Court No. - 18 Case :- WRIT - A No. - 8529 of 2024 Petitioner :- Shiv Narayan Gupta Respondent :- Union Of India Thru. Secy. Ministry Of Communication Govt. Of India New Delhi And 2 Others Counsel for Petitioner :- Anil Kumar Yadav 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. Babu Ram Shukla, Advocate holding brief on behalf of Mr. Satya Prakash 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 3^rd 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 :- 25.9.2024 Subodh/-

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

Shiv Narayan Gupta v. Union of India Thru. Secy. Ministry of Communication Govt. of India New Delhi and 2 Others

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Shiv Narayan Gupta v. Union of India Thru. Secy. Ministry of Communication Govt. of India New Delhi and 2 Others

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