Prem Prakash Yadav vs U.O.I Thru. Secy. Deptt. of Telecommunications Ministry of Communications New Delhi and 2 Others — Allahabad HC (2026) — LawSathi Research

Prem Prakash Yadav vs U.O.I Thru. Secy. Deptt. of Telecommunications Ministry of Communications New Delhi and 2 Others — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Directions to the opposite parties to take a final decision on payment of the privilege leave encashment benefits in light of the Ashok Kumar Shukla judgment (supra), if applicable, within eight weeks of production of a certified copy of the order, and to ensure actual payment within a further eight weeks if the petitioner is found entitled.

Issue for consideration

Whether the opposite parties should be directed to release the petitioner's Principal Amount of Privilege Leave Encashment, illegally withheld since his retirement on 31.01.2024, together with interest (18% per annum or 7% as per the Ashok Kumar Shukla judgment), and whether the petitioner's case is covered by that line of decisions.

Court's answer

The opposite parties are directed to take a final decision with regard to payment of the aforesaid benefits in the light of the judgment in Ashok Kumar Shukla (supra), in case same is applicable, within eight weeks from production of a certified copy of the order before the authority.

Ratio / Principle

If the petitioner is found entitled to the aforesaid benefits, actual payment thereof shall be ensured within a period of eight weeks thereafter; with these directions the writ petition stands disposed of.

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Shree Prakash Singh, J. disposed of a writ petition by Prem Prakash Yadav, a retiree of the Department of Telecommunications (retired 31.01.2024), who sought mandamus for release of the Principal Amount of Privilege Leave Encashment illegally withheld since retirement, with interest at 18% per annum or 7% as per the Ashok Kumar Shukla judgment, and exemplary costs. The petitioner claimed coverage under the Coordinate Bench judgment in Ashok Kumar Shukla versus Union of India and others (Writ A No. 2075 of 2023, decided 3rd March, 2023), upheld in Special Appeal (Defective) No. 72 of 2024 (dated 6th February, 2024) and dealt with by the Hon'ble Supreme Court in S.L.P. No. 7939 of 2024 (dated 8th April, 2024). The Court directed the opposite parties to take a final decision on the benefits in light of the Ashok Kumar Shukla judgment, if applicable, within eight weeks of production of a certified copy of the order, and to ensure actual payment within eight weeks thereafter if the petitioner is found entitled; with these directions the writ petition stood disposed of.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

WRIT - A No. - 534 of 2026

Prem Prakash Yadav

.....Petitioner(s)

Versus

U.O.I Thru. Secy. Deptt. Of Telecommunications Ministry Of Communications New Delhi And 2 Others .....Respondent(s) Counsel for Petitioner(s) : Saurabh Yadava Counsel for Respondent(s) : A.S.G.I., Dwijendra Mishra

Court No. - 18

HON'BLE SHREE PRAKASH SINGH, J.

Heard Mr. Saurabh Yadava, learned counsel for petitioner, Mr. Anand Dwivedi, learned counsel for the respondent no. 1 and Mr. Dwijendra Mishra, learned counsel for opposite parties no.2 & 3.

Present writ petition has been filed with the following main prayers:-

"(a) Issue a writ, order or direction in the nature of MANDAMUS commanding the Opposite Parties to immediately release the Principal Amount of Privilege Leave Encashment to the Petitioner, which has been illegally withheld since his retirement on 31.01.2024.

(b) Issue a writ, order or direction in the nature of MANDAMUS commanding the Opposite Parties to pay interest (at the rate of 18% per annum or 7% as per the Hon'ble Supreme Court judgment in Ashok Kumar Shukla) on the Principal Amount from the date of retirement (31.01.2024) till the date of actual payment.

(c) Issue a writ, order or direction in the nature of MANDAMUS commanding the Opposite Parties to pay exemplary costs for the illegal retention of the Petitioner's legitimate dues, forcing a senior citizen into unnecessary litigation."

It is submitted that petitioner's case is covered by judgment rendered by Coordinate 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

WRIA No. 534 of 2026

2

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.

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.

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

(Shree Prakash Singh,J.)

January 21, 2026

Ram Murti

Digitally signed by :- RAM MURTI YADAV High Court of Judicature at Allahabad, Lucknow Bench