Pradeshik Cooperative Dairy ... vs Ata Husain Rizvi And Others
2023 Latest Caselaw 29235 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:68555-DB
 
Court No. - 1
 

 
Case :- SPECIAL APPEAL No. - 497 of 2023
 

 
Appellant :- Pradeshik Cooperative Dairy Federation Ltd. Lko. Thru. Chairman
 
Respondent :- Ata Husain Rizvi And Others
 
Counsel for Appellant :- Lalit Shukla
 
Counsel for Respondent :- Nirbhay Kumar Singh
 

 
Hon'ble Attau Rahman Masoodi,J.

Hon'ble Om Prakash Shukla,J.

1. Shri Nirbhay Kumar Singh, Advocate, has filed his Vakalatnama on behalf of respondent no.1, which is taken on record.

2. Heard Shri Lalit Shukla, learned Counsel for the appellant and Shri Nirbhay Kumar Singh, learned Counsel for the respondent no.1.

3. This intra-court appeal filed under Chapter VIII Rule 5 of the Allahabad High Court Rules, 1952 has assailed the judgment/order dated 26.09.2023 passed by the Writ Court in Writ-A No.7243 of 2023.

4. The challenge to the impugned judgment/order dated 26.09.2023 is confined to the interest component on the amount due against leave encashment payment whereof was delayed.

5. It is to be noted that the respondent no.1 retired on 31.07.2010 and had earned leave encashment. The amount of leave encashment was released in a phased manner on account of some audit objection and in this manner there was an inordinate delay in making the payment.

6. Once the principle amount has been paid to the respondent no.1, there is no reason as to why delayed payment may not be compensated at the rate of 7% per annum ordered by the Writ Court. Moreover, the delay is not attributable to anything done by the respondent and was a procedural formality to be expedited by the employer alone.

7. We see no good reason to interfere in the present special appeal, the same is hereby dismissed.

(Om Prakash Shukla, J.) (Attau Rahman Masoodi, J.)

Order Date :- 18.10.2023

Anand Sri./-