Ramapati Tiwari Vs U.O.I Thru. Secy. Deptt. of Telecommunications Ministry Communication New Delhi and 2 Others — Allahabad HC (2025) — LawSathi Research

Ramapati Tiwari Vs U.O.I Thru. Secy. Deptt. of Telecommunications Ministry Communication New Delhi and 2 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of with directions to the opposite parties to take a final decision on payment of the claimed benefits in the light of Ashok Kumar Shukla (supra) if applicable, within six weeks of production of a certified copy, and, if the petitioner is found entitled, to ensure actual payment within a further six weeks.

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

In case the petitioner is found entitled for 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 claimed benefits (interest on delayed privilege leave encashment) in the light of this Court's judgment in Ashok Kumar Shukla (supra), in case the same is applicable; entitlement itself was not adjudicated by this Court but left to the authority.

Key takeaways

The 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.ratio¶¶4

Detailed headnote1 paragraphs

WRIT - A No. 12936 of 2024, High Court of Judicature at Allahabad, Lucknow Bench (Neutral Citation 2025:AHC-LKO:475), Abdul Moin, J., order dated 3.1.2025. Petitioner Ramapati Tiwari sought a direction for payment of interest at 7% per annum on delayed payment of post-retiral benefits of privilege leave encashment. Invoking the coordinate-bench precedent in Ashok Kumar Shukla versus Union of India and others, Writ A No. 2075 of 2023 (decided 3rd March 2023), upheld in Special Appeal (Defective) No. 72 of 2024 (6th February 2024) and by the Hon'ble Supreme Court in S.L.P. No. 7939 of 2024 (8th April 2024), the Court did not itself adjudicate entitlement: it directed the opposite parties to take a final decision 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, and, if the petitioner is found entitled, to ensure actual payment within six weeks thereafter. Writ petition disposed of.

Neutral Citation No. - 2025:AHC-LKO:475

Court No. - 5

Case :- WRIT - A No. - 12936 of 2024 Petitioner :- Ramapati Tiwari Respondent :- U.O.I Thru. Secy. Deptt. Of Telecommunications Ministry Communication 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, Mr. Anand Dwivedi, learned counsel for opposite party 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 :- 3.1.2025 J. K. Dinkar

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