Amar Nath Yadav vs Union Of India Thru Secy. Deptt. ...
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Allahabad High Court

Amar Nath Yadav vs Union Of India Thru Secy. Deptt. ... on 8 May, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2024:AHC-LKO:35517
 

 
Court No. - 20
 

 
Case :- WRIT - A No. - 3584 of 2024
 

 
Petitioner :- Amar Nath Yadav
 
Respondent :- Union Of India Thru Secy. Deptt. Telecommunication Ministry Communications New Delhi And 2 Others
 
Counsel for Petitioner :- Saurabh Yadava
 
Counsel for Respondent :- A.S.G.I.,Satya Prakash Tiwari
 

 
Hon'ble Shree Prakash Singh,J.
 

Heard learned counsel for the petitioner, Sri Anand Dwivedi, leaned counsel for the Union of India and Ms. Nidhi Singh, Advocate holding brief of Sri S.P.Tiwari, learned counsel for the opposite parties no. 2 & 3.

Instant writ petition has been filed seeking the following reliefs :-

"(a) Issue a writ, order or direction in the nature of Mandamus commanding the Opposite Parties to pay the admitted total amount of retiral dues Rs. 4,44,841/- i.e. privileged leave encashment and interest for the delayed payment.

(b) Issue any suitable writ, order or daresman, which this Hon'ble Court may deem fit and proper under the circumstances of the case.

(c) Allow the writ petition with costs. "

Contention of learned counsel for the petitioner is that despite several letters and reminders given to the opposite parties to pay the admitted amount of retiral dues i.e. the privileged leave encashment and the interest for the delayed payment, the same is not paid as yet. He also added that there is no justifiable ground to withhold the privileged leave encashment and therefore, the opposite parties are under the bounden duty to pay the interest as per the ratio of the Judgment and Order dated 08-04-2024 passed by the Hon'ble Apex Court in Special Leave to Appeal No. 7939 of 2024, Indian Telephone Industries Limited & Anr. Vs. Ashok Kumar Shukla and Anr.

Learned counsel appearing for the opposite parties have refuted the aforesaid submissions and submitted that the interest is not payable as per the rules.

Considering the aforesaid facts and circumstances of the case, the opposite parties are hereby directed to make payment of the admitted retiral dues namely, the privileged leave encashment alongwith interest @ 7% per annum, if the rules, permits so, while considering the Judgment and order dated 08-04-2024 passed by the Hon'ble Apex Court in Special Leave to Appeal No. 7939 of 2024, within a period of six weeks from the date a certified copy of this order is produced before them.

With the aforesaid observations, the writ petition is disposed of.

Order Date :- 8.5.2024

AKS