Gulab Singh Vs Union of India Thru.Secy. Deptt. Telecommunications,Ministry of Communicaton New Delhi and 2 Others — Allahabad HC (2025) — LawSathi Research

Gulab Singh Vs Union of India Thru.Secy. Deptt. Telecommunications,Ministry of Communicaton New Delhi and 2 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Setting aside of the order dated 11.10.2024; direction to respondent no.2 to pay the petitioner's outstanding amounts with interest at 7% per annum from the date of retirement till actual payment/realization within six weeks of production of a certified copy of the order; liberty to the petitioner to initiate contempt proceedings if the amounts are not paid.

Issue for consideration

Whether the respondents' order dated 11.10.2024 stating that the dues would not be paid to the petitioner — resting on a plea of financial difficulty — is sustainable. +1 more

Court's answer

The stand taken in the impugned order with regard to financial difficulty is unsustainable, the issues of financial difficulty and interest on delayed payment having already been considered by this Court in Nand Lal v. Indian Telephone Industries Limited and 2 Ors. (supra).

Ratio / Principle

The impugned order dated 11.10.2024 is set aside.

Key takeaways

Respondent no.2 is directed to pay the outstanding amounts to the petitioner alongwith interest at the rate of 7% per annum from the date of retirement till actual payment/realization.ratio¶5
The payment with interest is to be made within a period of six weeks from the date of production of a certified copy of this order.ratio¶5
If the amounts are not paid, the petitioner would be at liberty to initiate appropriate contempt proceedings.

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad, Lucknow Bench (Court No. 5) — Writ - A No. 7456 of 2025, decided 11.07.2025 by Hon'ble Abdul Moin, J.; Neutral Citation 2025:AHC-LKO:39556. Petitioner Gulab Singh challenged the respondents' order dated 11.10.2024 stating that the dues would not be paid to him, which had been passed in compliance of the Court's earlier direction in Writ - A No.8461 of 2024 (disposed off 25.09.2024 with instruction to decide his claim within two months). Holding that the plea of financial difficulty in the impugned order was unsustainable in light of this Court's earlier decision in Nand Lal v. Indian Telephone Industries Limited and 2 Ors. (Writ - A No.31490 of 2016, decided 09.03.2018), wherein the issues of financial difficulty and interest on delayed payment were considered, the Court set aside the impugned order and directed respondent no.2 to pay the outstanding amounts alongwith interest at 7% per annum from the date of retirement till actual payment/realization, within six weeks of production of a certified copy of the order, with liberty to the petitioner to initiate appropriate contempt proceedings in case of non-payment. Writ petition allowed.

Neutral Citation No. - 2025:AHC-LKO:39556

Court No. - 5

Case :- WRIT - A No. - 7456 of 2025 Petitioner :- Gulab Singh Respondent :- Union Of India Thru.Secy. Deptt. Telecommunications,Ministry Of Communicaton New Delhi And 2 Others Counsel for Petitioner :- Raj Mani Dubey,Abhinav Gupta Counsel for Respondent :- A.S.G.I.,Dwijendra Mishra

Hon'ble Abdul Moin,J.

Heard learned counsel for the petitioner.

Present petition has been filed by the petitioner challenging the order dated 11.10.2024 whereby the respondents have passed an order stating that the dues would not be paid to the petitioner.

Learned counsel for the petitioner argues that the petitioner had earlier approached this Court by filing Writ - A No.8461 of 2024 which was disposed off vide order dated 25.09.2024 directing respondents to take a decision with regard to the claim of the petitioner within a period of two months. In compliance of the said direction, the impugned order has been passed.

The issue with regard to financial difficulty and interest on delayed payment was considered by this Court in the case of Nand Lal v. Indian Telephone Industries Limited and 2 Ors. (Writ - A No.31490 of 2016) decided on 09.03.2018 and thus, the stand taken in the impugned order with regard to financial difficulty is unsustainable.

In view of the settled law as discussed above, impugned order dated 11.10.2024 is set aside with direction to respondent no.2 to pay the outstanding amounts alongwith interest at the rate of 7% per annum from the date of retirement till actual payment/realization to the petitioner within a period of six weeks from the date of production of a certified copy of this order.

In case the amounts are not paid, the petitioner would be at liberty to initiate appropriate contempt proceedings.

The writ petition is accordingly allowed.

This order has been passed in the presence of Shri Anand Dwivedi, learned counsel appearing for respondent no.1.

Order Date :- 11.7.2025 Pachhere/-

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