Shiv Prasad and 2 Others Vs U.O.I. Thru. Its Secy. Min. of Communication and 2 Others

Neutral Citation No. - 2025:AHC-LKO:1068

Court No. - 5

Case :- WRIT - A No. - 12890 of 2024 Petitioner :- Shiv Prasad And 2 Others Respondent :- U.O.I. Thru. Its Secy. Min. Of Communication And 2 Others

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Counsel for Petitioner :- Abhay Kumar Ojha Counsel for Respondent :- A.S.G.I.,Nidhi Singh

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Hon'ble Abdul Moin,J.

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Heard learned counsel for petitioner, Mr. Anand Dwivedi, learned counsel for opposite party no.1 and Ms Nidhi Singh, 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 :- 7.1.2025 J. K. Dinkar

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

Shiv Prasad and 2 Others v. U.O.I. Thru. Its Secy. Min. of Communication and 2 Others

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Shiv Prasad and 2 Others v. U.O.I. Thru. Its Secy. Min. of Communication and 2 Others

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