Rakesh Kumar Tiwari Vs Union of India Thru. Secy. Ministry of Communication Govt. of India New Delhi and 2 Others — Allahabad HC (2025) — LawSathi Research

Rakesh Kumar Tiwari Vs Union of India Thru. Secy. Ministry of Communication Govt. of India New Delhi and 2 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Directions issued to the opposite parties to take a final decision on payment of the claimed post-retiral benefits (privilege leave encashment) in the light of the judgment in Ashok Kumar Shukla (Writ A No. 2075 of 2023), if applicable, with a decision due within eight weeks of production of a certified copy of the order and, if the petitioner is found entitled, payment within a further eight weeks. The Court did not itself adjudicate the 7% interest claim.

Issue for consideration

Whether the petitioner is entitled to interest at 7% per annum on the delayed payment of post-retiral benefits of privilege leave encashment, given that his case is stated to be covered by the judgments relied upon (Ashok Kumar Shukla chain).

Court's answer

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

Ratio / Principle

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

Key takeaways

If the petitioner is found entitled to the aforesaid benefits, actual payment thereof shall be ensured within a period of eight weeks thereafter (i.e., after the final decision).ratio¶¶9

Detailed headnote1 paragraphs

WRIT - A No. - 1537 of 2025 — High Court of Judicature at Allahabad, Lucknow Bench (Court No. 5), Hon'ble Abdul Moin, J.; order dated 6.2.2025. Petitioner Rakesh Kumar Tiwari sought a direction for payment of interest at 7% per annum on the delayed payment of post-retiral benefits of privilege leave encashment from Union of India (Ministry of Communication) and 2 Others. Counsel submitted that petitioner's case is covered by the judgment of a Co-ordinate Bench of the Court in Writ A No. 2075 of 2023 (Ashok Kumar Shukla versus Union of India and others, 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 relied on the Ashok Kumar Shukla judgment and disposed of the writ petition by directing the opposite parties to take a final decision on payment of the aforesaid benefits, in case the judgment is applicable, within eight weeks from production of a certified copy of the order, and if the petitioner is found entitled, to ensure actual payment within a further eight weeks.

Neutral Citation No. - 2025:AHC-LKO:7564

Court No. - 5

Case :- WRIT - A No. - 1537 of 2025

Petitioner :- Rakesh Kumar Tiwari Respondent :- Union Of India Thru. Secy. Ministry Of Communication Govt. Of India New Delhi 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 :- 6.2.2025 Pachhere/-

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