Bidya Nand Mandal Vs Union of India Thru. Secy. Ministry of Communication Govt. of India Lko. and 2 Others — Allahabad HC (2025) — LawSathi Research

Bidya Nand Mandal Vs Union of India Thru. Secy. Ministry of Communication Govt. of India Lko. 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 privilege leave encashment/post-retiral benefits within eight weeks of production of a certified copy of the order, in light of the Ashok Kumar Shukla judgment if applicable, and to ensure actual payment within a further eight weeks if petitioner is found entitled.

Issue for consideration

Whether petitioner is entitled to 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 benefits in the light of this Court's judgment in Ashok Kumar Shukla (supra), in case the same is applicable.

Ratio / Principle

The final decision shall be taken within eight weeks from the date a certified copy of this order is produced before the authority.

Key takeaways

If petitioner is found entitled to the benefits, actual payment thereof shall be ensured within a further period of eight weeks.ratio¶¶8

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad, Lucknow Bench; WRIT - A No. 1314 of 2025; Order Date 30.1.2025; Hon'ble Abdul Moin, J. Petitioner Bidya Nand Mandal sought interest at 7% per annum on delayed payment of his post-retiral benefit of privilege leave encashment. Noting that his case was covered by a Co-ordinate Bench judgment in Ashok Kumar Shukla v. Union of India (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 Supreme Court in S.L.P. No. 7939 of 2024 (8th April, 2024), the Court did not itself adjudicate entitlement but disposed of the writ petition directing the opposite parties to take a final decision within eight weeks of production of a certified copy of the order, in light of the Ashok Kumar Shukla judgment if applicable, and to ensure actual payment within a further eight weeks if petitioner is found entitled.

Court No. - 5

Case :- WRIT - A No. - 1314 of 2025

Petitioner :- Bidya Nand Mandal Respondent :- Union Of India Thru. Secy. Ministry Of Communication Govt. Of India Lko. 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 eight 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 eight weeks thereafter.

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

Order Date :- 30.1.2025 Pachhere/-

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