Awsaful Haque Vs Union of India Thru. Secy. Deptt. of Telecommunications, Ministry of Comm., New Delhi and 2 Others — Allahabad HC (2025) — LawSathi Research

Awsaful Haque Vs Union of India Thru. Secy. Deptt. of Telecommunications, Ministry of Comm., New Delhi and 2 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to the opposite parties to take a final decision on payment of the claimed post-retiral benefits (privilege leave encashment) in light of the Ashok Kumar Shukla judgment, if applicable, within six weeks of production of a certified copy of the order, with actual payment within a further six weeks if the petitioner is found entitled.

Issue for consideration

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

Court's answer

The opposite parties are directed to take a final decision with regard to payment of the claimed post-retiral benefits in the light of the judgment in Ashok Kumar Shukla (supra), in case the same is applicable.

Ratio / Principle

The final decision shall be taken within six weeks from the date a certified copy of the order is produced before the said authority; if the petitioner is found entitled, actual payment shall be ensured within six weeks thereafter.

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Lucknow Bench), Abdul Moin, J. — WRIT - A No. 1371 of 2025 (Awsaful Haque v. Union of India & 2 Others), decided 31.1.2025. Petitioner sought a direction for payment of interest at 7% per annum on delayed payment of post-retiral benefits of privilege leave encashment, relying on the Co-ordinate Bench judgment in Ashok Kumar Shukla v. Union of India (Writ A No. 2075 of 2023, dated 3.3.2023), upheld in Special Appeal (Defective) No. 72 of 2024 (dated 6.2.2024) and by the Supreme Court in S.L.P. No. 7939 of 2024 (dated 8.4.2024). The Court disposed of the writ petition directing the opposite parties to take a final decision on payment of the benefits in 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.

Neutral Citation No. - 2025:AHC-LKO:6641

Court No. - 5

Case :- WRIT - A No. - 1371 of 2025

Petitioner :- Awsaful Haque

Respondent :- Union Of India Thru. Secy. Deptt. Of Telecommunications, Ministry Of Comm., New Delhi And 2 Others Counsel for Petitioner :- Ravi Kant Shukla,Pankaj Singh Yadav Counsel for Respondent :- A.S.G.I.,Nidhi Singh

Hon'ble Abdul Moin,J.

Heard 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 :- 31.1.2025 Mohit Singh/-

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