Shri Nath Vs U.O.I Thru. Its Secy. Deptt. of Telecommunications New Delhi and 2 Others — Allahabad HC (2025) — LawSathi Research

Shri Nath Vs U.O.I Thru. Its Secy. Deptt. of Telecommunications New Delhi and 2 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of with a direction to the opposite parties to take a final decision on payment of the privilege leave encashment benefits in the light of Ashok Kumar Shukla (supra), if applicable, within eight weeks of production of a certified copy of the order; if the petitioner is found entitled, actual payment to be ensured within eight weeks thereafter.

Issue for consideration

Whether the petitioner is entitled to interest at the rate of 7% per annum on the delayed payment of post retiral benefits of privilege leave encashment.

Court's answer

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

Ratio / Principle

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

Key takeaways

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

Detailed headnote1 paragraphs

Allahabad High Court, Lucknow Bench (Abdul Moin, J.), WRIT - A No. 2035 of 2025, Shri Nath v. U.O.I. thru its Secy., Deptt. of Telecommunications and others — Service law / post-retiral benefits: petitioner sought a direction for payment of interest at 7% per annum on delayed payment of post retiral benefits of privilege leave encashment, claiming his case was covered by the coordinate 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 (decided 6th February, 2024) and by the Hon'ble Supreme Court in S.L.P. No. 7939 of 2024 (decided 8th April, 2024). The Court did not adjudicate entitlement on merits; it disposed of the writ petition directing the opposite parties to take a final decision in the light of Ashok Kumar Shukla (supra), in case applicable, within eight weeks of production of a certified copy of the order, and, if the petitioner is found entitled, to ensure actual payment within eight weeks thereafter. Order dated 18.2.2025.

Neutral Citation No. - 2025:AHC-LKO:10454

Court No. - 5

Case :- WRIT - A No. - 2035 of 2025 Petitioner :- Shri Nath Respondent :- U.O.I Thru. Its Secy. Deptt. Of Telecommunications New Delhi And 2 Others Counsel for Petitioner :- Vibhanshu Srivastava Counsel for Respondent :- A.S.G.I.,Nidhi Singh

Hon'ble Abdul Moin,J.

Heard Shri Vibhanshu Srivastava, 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 Coordinate 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 :- 18.2.2025

prateek

Digitally signed by :- PRATEEK ARORA High Court of Judicature at Allahabad, Lucknow Bench