Om Prakash Trivedi and 2 Others Vs Union of India Thru. Secr. Mini. of Communication New Delhi and 2 Others — Allahabad HC (2025) — LawSathi Research

Om Prakash Trivedi and 2 Others Vs Union of India Thru. Secr. Mini. of Communication 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 (interest at 7% per annum on delayed privilege leave encashment) in light of the Ashok Kumar Shukla judgment, if applicable, within eight weeks of a certified copy being produced, and to ensure actual payment within a further eight weeks if the petitioner is found entitled.

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. +1 more

Court's answer

If the petitioner is found entitled to the claimed benefits, actual payment thereof is to be ensured within eight weeks thereafter.

Ratio / Principle

The opposite parties were directed to take a final decision with regard to payment of the claimed benefits in light of this Court's judgment in Ashok Kumar Shukla (supra), in case the same is applicable. The Court did not itself adjudicate entitlement, which was expressly left conditional on applicability.

Key takeaways

The final decision is to be taken within eight weeks from the date a certified copy of the order is produced before the said authority.ratio¶4

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad, Lucknow Bench (Court No. 5); WRIT - A No. 2142 of 2025; order date 20.2.2025; Abdul Moin, J. Om Prakash Trivedi and 2 others sought a direction for payment of interest at 7% per annum on delayed payment of post-retiral benefits of privilege leave encashment. Noting counsel's submission that the case is covered by the Co-ordinate Bench judgment in Ashok Kumar Shukla versus Union of India and others (Writ A No. 2075 of 2023, decided 3rd March, 2023), which was upheld in Special Appeal (Defective) No. 72 of 2024 (order dated 6th February, 2024) and by the Hon'ble Supreme Court in S.L.P. No. 7939 of 2024 (order dated 8th April, 2024), the Court did not itself decide entitlement. It directed the opposite parties to take a final decision on payment in light of the Ashok Kumar Shukla judgment, in case the same is applicable, within eight weeks of production of a certified copy of the order, and to ensure actual payment within a further eight weeks thereafter if the petitioner is found entitled. Writ petition disposed of with these directions.

Neutral Citation No. - 2025:AHC-LKO:10978

Court No. - 5

Case :- WRIT - A No. - 2142 of 2025

Petitioner :- Om Prakash Trivedi And 2 Others Respondent :- Union Of India Thru. Secr. Mini. Of Communication New Delhi And 2 Others Counsel for Petitioner :- Abhay Kumar Ojha Counsel for Respondent :- A.S.G.I.,Nidhi Singh

Hon'ble Abdul Moin,J.

Heard Shri Abhay Kumar Ojha, 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 :- 20.2.2025 Pachhere/-

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