Jai Prakash Sharma Vs Union of India Thru. Secy. Ministry of Communication New Delhi and 2 Others — Allahabad HC (2025) — LawSathi Research

Jai Prakash Sharma Vs Union of India Thru. Secy. Ministry of Communication New Delhi and 2 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to the opposite parties/concerned authority to take a final decision on payment of the petitioner's privilege leave encashment benefits in the light of the Ashok Kumar Shukla judgment (if applicable) within six weeks of production of a certified copy of the order, and to ensure actual payment within a further six weeks if the petitioner is found entitled.

Issue for consideration

Whether the petitioner is entitled to payment of interest at the rate of 7% per annum on the delayed payment of post-retiral benefits of privilege leave encashment. +1 more

Court's answer

In case the petitioner is found entitled to the aforesaid benefits, actual payment thereof shall be ensured within a period of six weeks thereafter.

Ratio / Principle

The opposite parties are directed to take a final decision with regard to payment of the aforesaid benefits (interest on delayed payment of privilege leave encashment) in the light of the judgment in Ashok Kumar Shukla (supra), in case the same is applicable to the petitioner.

Key takeaways

The final decision shall be taken within a period of six weeks from the date a certified copy of the order is produced before the said authority.ratio¶8

Detailed headnote1 paragraphs

Writ petition (WRIT - A No. 12862 of 2024) by Jai Prakash Sharma seeking a direction for payment of interest at 7% per annum on delayed payment of post-retiral benefits of privilege leave encashment. Reliance placed on the coordinate-bench judgment in Ashok Kumar Shukla v. Union of India (Writ A No. 2075 of 2023, decided 03.03.2023), upheld in Special Appeal (Defective) No. 72 of 2024 (decided 06.02.2024) and by the Hon'ble Supreme Court in S.L.P. No. 7939 of 2024 (decided 08.04.2024). Hon'ble Abdul Moin, J. (High Court of Judicature at Allahabad, Lucknow Bench) directed the opposite parties to take a final decision on payment of the benefits in the light of the Ashok Kumar Shukla judgment, if applicable, within six weeks of production of a certified copy of the order, and, if the petitioner is found entitled, to ensure actual payment within a further six weeks. Order dated 07.01.2025; writ petition disposed of.

Neutral Citation No. - 2025:AHC-LKO:1075

Court No. - 5

Case :- WRIT - A No. - 12862 of 2024 Petitioner :- Jai Prakash Sharma Respondent :- Union Of India Thru. Secy. Ministry Of Communication New Delhi And 2 Others Counsel for Petitioner :- Anil Kumar Yadav Counsel for Respondent :- A.S.G.I.,Nidhi Singh

Hon'ble Abdul Moin,J.

Heard Shri Anil Kumar Yadav, learned counsel for petitioner, Sri Anand Dwivedi, learned counsel for the respondent no. 1 and Ms. Nidhi Singh, learned counsel for opposite parties no.2 & 3.

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.

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.

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.

With the aforesaid directions, the writ petition stands disposed of.

Order Date :- 7.1.2025 J. K. Dinkar

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