Disposed

Suresh Chandra and Another v. Union of India Thru. Secy. Ministry of Communication Govt. of India New Delhi and 2 Others

Allahabad HC24 Jan 2025WRIA/920/2025

Case brief

AI extract

What is this about?

The Court directed the respondent to determine entitlement to post-retirement privilege leave encashment benefits with interest at 7% per annum, in light of the Ashok Kumar Shukla judgment, within eight weeks.

What did the court decide?

Directed respondent to decide and, if entitled, pay interest at 7% per annum on benefits within 16 weeks.

Suresh Chandra and Another vs Union of… — Pension and Retirement Benefits | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC-LKO:4675

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Court No. - 5

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Case :- WRIT - A No. - 920 of 2025

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Petitioner :- Suresh Chandra And Another

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Respondent :- Union Of India Thru. Secy. Ministry Of Communication Govt. Of India New Delhi And 2 Others Counsel for Petitioner :- Abhay Kumar Ojha Counsel for Respondent :- A.S.G.I.,Nidhi Singh

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Hon'ble Abdul Moin,J.

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Heard learned counsel for petitioners, Mr. Anand Dwivedi, learned counsel for opposite party 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 petitioners' 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 petitioners are 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 :- 24.1.2025

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prateek

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Digitally signed by :- PRATEEK ARORA High Court of Judicature at Allahabad, Lucknow Bench

Suresh Chandra and Another v. Union of India Thru. Secy. Ministry of Communication Govt. of India New Delhi and 2 Others

Case brief

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Suresh Chandra and Another v. Union of India Thru. Secy. Ministry of Communication Govt. of India New Delhi and 2 Others

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