Uma Kant Kushwaha Vs Union of India Thru. Secy. Ministry of Communication New Delhi and 2 Others — Allahabad HC (2025) — LawSathi Research

Uma Kant Kushwaha 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

Writ petition disposed of with directions: opposite parties to take a final decision on payment of the privilege leave encashment/post-retiral benefits in the light of Ashok Kumar Shukla (supra), in case the same is applicable, within six weeks of production of a certified copy of the order; if the petitioner is found entitled, actual payment to be ensured within a further six weeks. No adjudication of the 7% interest claim by this Court.

Issue for consideration

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

Court's answer

The Court did not itself adjudicate the petitioner's entitlement to the claimed interest; instead, it directed the opposite parties to take a final decision regarding payment of the privilege leave encashment benefits in the light of the Ashok Kumar Shukla judgment.

Ratio / Principle

Applicability of the Ashok Kumar Shukla precedent to the petitioner was expressly left conditional ('in case same is applicable') and was to be determined by the authority while taking the final decision; this Court did not decide coverage.

Key takeaways

The authority must take its final decision within six weeks from the date a certified copy of this order is produced before it.ratio¶4
If the petitioner is found entitled to the benefits, actual payment thereof must be ensured within six weeks thereafter.ratio¶4

Detailed headnote1 paragraphs

WRIT - A No. 12712 of 2024 (Neutral Citation 2025:AHC-LKO:266), Court No. 5, High Court of Judicature at Allahabad, Lucknow Bench; Order Date 3.1.2025; Hon'ble Abdul Moin, J. Uma Kant Kushwaha sought a direction for payment of interest at 7% per annum on the delayed payment of his post-retiral benefits of privilege leave encashment, submitting that his case was covered by the Co-ordinate Bench judgment in Ashok Kumar Shukla versus Union of India and others (Writ A No. 2075 of 2023, dated 3rd March, 2023), which was upheld in Special Appeal (Defective) No. 72 of 2024 (dated 6th February, 2024) and by the Hon'ble Supreme Court in S.L.P. No. 7939 of 2024 (dated 8th April, 2024). Relying on that line of decisions, the Court disposed of the writ petition directing the opposite parties (Union of India thru Secy., Ministry of Communication, New Delhi and others) to take a final decision on payment of the benefits in the light of the Ashok Kumar Shukla judgment, in case the same is applicable, within six weeks of production of a certified copy of the order; if the petitioner is found entitled, actual payment is to be ensured within six weeks thereafter. The Court did not itself decide entitlement to the interest.

Neutral Citation No. - 2025:AHC-LKO:266

Court No. - 5

Case :- WRIT - A No. - 12712 of 2024 Petitioner :- Uma Kant Kushwaha Respondent :- Union Of India Thru. Secy. Ministry Of Communication New Delhi And 2 Others Counsel for Petitioner :- Ashok Kumar Counsel for Respondent :- A.S.G.I.,Dwijendra Mishra

Hon'ble Abdul Moin,J.

Heard Shri Ashok Kumar, learned counsel for petitioner, Sri Anand Dwivedi, learned counsel for the respondent no. 1 and Shri Dwijendra Mishra, 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 :- 3.1.2025 J. K. Dinkar

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