Munendra Kumar Tiwari v. Union of India Thru. Its Secy. Min. of Communication and 2 Others

Court No. - 4 Case :- WRIT - A No. - 12551 of 2024 Petitioner :- Munendra Kumar Tiwari Respondent :- Union Of India Thru. Its Secy. Min. Of Communication And 2 Others Counsel for Petitioner :- Anil Kumar Yadav,Nandini Rani Counsel for Respondent :- A.S.G.I.,Nidhi Singh Hon'ble Rajnish Kumar,J.

¶1Heard, learned counsel for the petitioner, Shri Anand Dwivedi, learned counsel for the respondent no.1 and Ms. Nidhi Singh, learned counsel for the respondent nos.2 and 3.

¶2Petition 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.

¶3It is submitted that petitioner's 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.

¶4Considering 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 six 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 six weeks thereafter.

¶5With the aforesaid directions, the writ petition stands disposed of. ...................................................................(Rajnish Kumar, J.) Order Date :- 20.12.2024 Haseen U. High Court of Judicature at Allahabad, Lucknow Bench