Citation : 2023 Latest Caselaw 12420 ALL
Judgement Date : 21 April, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 17 Case :- WRIT - A No. - 3002 of 2023 Petitioner :- Divesh Kumar Dixit Respondent :- Union Of India Thru. Secy. And Chairman Telecommunication Mini. Comm. And Infor. Tech And 3 Ors. Counsel for Petitioner :- Mayur Gautam,Bharat Kumar Dixit Counsel for Respondent :- A.S.G.I.,Krishna Chandra Srivastava Hon'ble Pankaj Bhatia,J.
Heard the counsel for the petitioner, Sri Pankaj Singh Yadav holding brief of Sri Krishna Chandra Srivastava the counsel for the respondents no. 3 and 4 and Sri Anand Dwivedi the counsel for the respondent no.1.
The present petition has been filed by the petitioner claiming that despite acceptance of the quantum of amount payable to the petitioner, the amounts are not paid by the respondents mainly on account of the alleged financial difficulties faced by the respondents no.3 and 4. He draws my attention to the information received under RTI dated 18.01.2023 wherein the amounts payable to the petitioner have been crystallized. Thus, there is no dispute with regard to the amounts to which the petitioner is entitled.
The issue with regard to the financial difficulties was considered by this Court in the case of Deen Dayal Singhal vs. Union of India and others in Writ A No.57913 of 2013 decided on 25.09.2018.
Considering the said judgment, I have no hesitation in holding that the plea with regard to financial difficulties is clearly not acceptable, the present petition is disposed off directing the respondent no.3 to ensure the payment of dues as indicated in the RTI information and contained in Annexure no.2 to the writ petition within a period of three months from today, the amounts shall be paid to the petitioner along with interest @7% per annum from the date when the same fell due till actual payment/realization.
Order Date :- 21.4.2023
VNP/-
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