Shri Babu Ram Vs Union of India Thru. Secy. Deptt. of Telecommunications Ministry of Communications and 2 Others — Allahabad HC (2025) — LawSathi Research

Shri Babu Ram Vs Union of India Thru. Secy. Deptt. of Telecommunications Ministry of Communications and 2 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Setting aside of the impugned order dated 06.02.2025; respondent no.2 to pay the petitioner's outstanding amounts alongwith interest at the rate of 7% per annum from the date of retirement till actual payment/realization within four months from production of a certified copy of this order; petitioner at liberty to initiate contempt proceedings if amounts are not paid.

Issue for consideration

Whether the impugned order dated 06.02.2025, recording that the dues could not be paid to the petitioner and that no interest is payable on account of financial difficulty, is sustainable.

Court's answer

In view of the settled law laid down by this Court in Nand Lal v. Indian Telephone Industries Limited and 2 Ors. (Writ - A No.31490 of 2016, decided 09.03.2018) on financial difficulty and interest on delayed payment, the stand taken in the impugned order with regard to financial difficulty is unsustainable.

Ratio / Principle

The impugned order dated 06.02.2025 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 four months from the date of production of a certified copy of this order.

Key takeaways

In case the amounts are not paid, the petitioner would be at liberty to initiate appropriate contempt proceedings (conditional enforcement provision).obiter¶15

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad, Lucknow Bench, Court No. 4 | Neutral Citation 2025:AHC-LKO:48067 | WRIT - A No. 7824 of 2025 | Babu Ram v. Union of India (Thru. Secy., Deptt. of Telecommunications) & 2 Others | Judge: Hon'ble Abdul Moin | Decided 18.8.2025. Petition challenged the order dated 06.02.2025 (passed pursuant to disposal of Writ - A No.8154 of 2024 on 20.09.2024) which recorded that the petitioner's dues could not be paid and that no interest is payable, pleading financial difficulty. Relying on the settled law established in Nand Lal v. Indian Telephone Industries Limited and 2 Ors. (Writ - A No.31490 of 2016, decided 09.03.2018), the Court held that the financial-difficulty stand in the impugned order was unsustainable, set the order aside, 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 four months; if unpaid, the petitioner may initiate contempt proceedings. Writ petition allowed.

Neutral Citation No. - 2025:AHC-LKO:48067

Court No. - 4

Case :- WRIT - A No. - 7824 of 2025

Petitioner :- Shri Babu Ram Respondent :- Union Of India Thru. Secy. Deptt. Of Telecommunications Ministry Of Communications And 2 Others

Counsel for Petitioner :- Raj Mani Dubey Counsel for Respondent :- A.S.G.I.,Dwijendra Mishra

Hon'ble Abdul Moin,J.

Heard learned counsel for the petitioner, Sri Anand Dwivedi, learned counsel for respondent no.1, and Ms. Shivangi Kapoor holding brief of Sri Dwijendra Mishra, learned counsel for respondents no.2 and 3.

At the very outset Sri Anand Dwivedi, learned counsel for respondent no.1, and Ms. Shivangi Kapoor holding brief of Sri Dwijendra Mishra, learned counsel for respondents no.2 and 3, state that they do not intend to file counter affidavit and pray that the matter may be heard and decided finally.

As such, the Court proceeds to hear and decide the matter finally.

Present petition has been filed by the petitioner challenging the order dated 06.02.2025 whereby the respondents have indicated that the dues could not be paid to the petitioner. It further records that no interest is payable.

Learned counsel for the petitioner argues that the petitioner had earlier approached this Court by filing Writ - A No.8154 of 2024 which was disposed off vide order dated 20.09.2024 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 06.02.2025 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 four months 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.

Order Date :- 18.8.2025 A. Katiyar

Digitally signed by :- AMIT KATIYAR High Court of Judicature at Allahabad, Lucknow Bench