Rati Pal Yadav Vs Union of India Thru. Secy. Deptt. of Tele. Mini. of Comm. New Delhi and 2 Others — Allahabad HC (2025) — LawSathi Research

Rati Pal Yadav Vs Union of India Thru. Secy. Deptt. of Tele. Mini. of Comm. 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 post-retiral benefits in light of the Ashok Kumar Shukla judgment (if 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 a further period of eight 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 post-retiral benefits of privilege leave encashment. +1 more

Court's answer

The final decision shall be taken within eight weeks from the date a certified copy of the order is produced before the authority; if the petitioner is found entitled to the aforesaid benefits, actual payment shall be ensured within a period of eight weeks thereafter.

Ratio / Principle

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

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad, Lucknow Bench (Court No. 5); Neutral Citation 2025:AHC-LKO:11449; Writ - A No. 2197 of 2025, Rati Pal Yadav v. Union of India thru. Secy., Deptt. of Tele., Ministry of Communications and 2 Others; decided 24.2.2025 by Hon'ble Abdul Moin, J. The petitioner sought a direction for payment of interest at 7% per annum on the delayed payment of post-retiral benefits of privilege leave encashment, submitting that his case was covered by the Co-ordinate Bench decision in Ashok Kumar Shukla v. Union of India (Writ A No. 2075 of 2023, decided 3rd March, 2023), which was upheld in Special Appeal (Defective) No. 72 of 2024 (6th February, 2024) and in S.L.P. No. 7939 of 2024 before the Supreme Court (8th April, 2024). Disposing of the petition, the Court directed the opposite parties to take a final decision on payment of the benefits in the light of the Ashok Kumar Shukla judgment, in case applicable, within eight weeks of production of a certified copy of the order, and, if the petitioner was found entitled, to ensure actual payment within eight weeks thereafter. No monetary award was made by the Court; entitlement was left to be determined by the concerned authority.

Neutral Citation No. - 2025:AHC-LKO:11449

Court No. - 5

Case :- WRIT - A No. - 2197 of 2025

Petitioner :- Rati Pal Yadav Respondent :- Union Of India Thru. Secy. Deptt. Of Tele. Mini. Of Comm. New Delhi And 2 Others Counsel for Petitioner :- Saurabh Yadava Counsel for Respondent :- A.S.G.I.,Nidhi Singh

Hon'ble Abdul Moin,J.

Heard Shri Saurabh Yadava, 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 :- 24.2.2025 Pachhere/-

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