Disposed

Awadh Kishore and 2 Others v. Union of India Thru. Secy. Ministry of Communication New Delhi and 2 Others

Allahabad HC12 Mar 2025WRIA/2869/2025

Case brief

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What is this about?

Petitioners sought interest on delayed payment of post-retiral privilege leave encashment, relying on a Co-ordinate Bench ruling in Ashok Kumar Shukla. The court directed the authorities to take a final decision on entitlement within eight weeks and pay within a further eight weeks if found entitled.

What did the court decide?

Direction to authorities to decide payment of benefits per Ashok Kumar Shukla within eight weeks; payment within further eight weeks if entitled.

Awadh Kishore and 2 Others Vs Union of… — Pension and Retirement Benefits | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC-LKO:15073

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Court No. - 5

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Case :- WRIT - A No. - 2869 of 2025

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Petitioner :- Awadh Kishore And 2 Others Respondent :- Union Of India Thru. Secy. Ministry Of Communication New Delhi And 2 Others Counsel for Petitioner :- Anil Kumar Yadav Counsel for Respondent :- A.S.G.I.,Nidhi Singh

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Hon'ble Abdul Moin,J.

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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.

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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.

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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.

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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.

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

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Order Date :- 12.3.2025 Pachhere/-

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

Awadh Kishore and 2 Others v. Union of India Thru. Secy. Ministry of Communication New Delhi and 2 Others

Case brief

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Awadh Kishore and 2 Others v. Union of India Thru. Secy. Ministry of Communication New Delhi and 2 Others

Case brief

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