Shri Ram Narain Pathak Vs Union of India Thru. Secy. Deptt. of Telecommunications, Mini. of Comm. New Delhi and 2 Others — Allahabad HC (2025) — LawSathi Research

Shri Ram Narain Pathak Vs Union of India Thru. Secy. Deptt. of Telecommunications, Mini. of Comm. New Delhi and 2 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Impugned order dated 03.01.2025 set aside; respondent no.2 directed to pay outstanding amounts alongwith interest at 7% per annum from the date of retirement till actual payment/realization within four months from production of a certified copy of the order; liberty to initiate contempt proceedings in case of non-payment.

Issue for consideration

Whether the stand taken in the impugned order that the dues could not be paid to the petitioner owing to financial difficulty, and that no interest is payable, is sustainable. +1 more

Court's answer

Following this Court's earlier decision in Nand Lal v. Indian Telephone Industries Limited, the stand taken in the impugned order with regard to financial difficulty is unsustainable.

Ratio / Principle

The impugned order dated 03.01.2025 contained as annexure 1 to the writ petition 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, within four months from the date of production of a certified copy of the order.ratio¶10
In case the amounts are not paid, the petitioner would be at liberty to initiate appropriate contempt proceedings.ratio¶11

Detailed headnote1 paragraphs

Abdul Moin, J. — Where the respondents pleaded financial difficulty for non-payment of the petitioner's dues and recorded that no interest is payable, the Court held such a stand unsustainable, relying on its earlier decision in Nand Lal v. Indian Telephone Industries Limited and 2 Ors. (Writ - A No.31490 of 2016, decided 09.03.2018). The order dated 03.01.2025 was set aside and respondent no.2 was directed to pay the outstanding amounts with interest at 7% per annum from the date of retirement till actual payment/realization, within four months from production of a certified copy of the order; failing payment, the petitioner was granted liberty to initiate contempt proceedings. Writ petition allowed. (Neutral Citation: 2025:AHC-LKO:42435)

Neutral Citation No. - 2025:AHC-LKO:42435

Court No. - 5

Case :- WRIT - A No. - 8075 of 2025

Petitioner :- Shri Ram Narain Pathak Respondent :- Union Of India Thru. Secy. Deptt. Of Telecommunications, Mini. Of Comm. New Delhi 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.

Present petition has been filed by the petitioner challenging the order dated 03.01.2025 contained as annexure 1 to the writ petition whereby the respondents have passed an order stating that the dues could not be paid to the petitioner, however, efforts are being made for payment in the month of April, 2023. 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.10595 of 2024 which was disposed off vide order dated 18.11.2024 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 03.01.2025 contained as annexure 1 to the writ petition 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.

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

Order Date :- 24.7.2025 Pachhere/-

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