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2025 DAILYLAW 103167 (ALL)

KRISHNA SAHAY SINGH AND 5 OTHERS v. UNION OF INDIA AND 2 OTHERS

WRIA/14995/2025 · 2025-10-06

Manju Rani Chauhan

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 14995 of 2025 Court No. - 52 HON'BLE MRS. MANJU RANI CHAUHAN, J. 1. Heard Sri Ajay Srivastava, learned counsel for petitioners, Sri Santosh Kumar Upadhyay, Advocate holding brief of Sri Dinesh Kumar Rai, learned counsel for respondent Nos.2 and 3 and Sri Sudarshan Singh, learned counsel for respondent No.1. 2. The present writ petition has been filed inter-alia for the following reliefs:- "i) Issue a writ, order or direction in the nature of mandamus commanding the respondents to ensure payment of interest on late payment of Privilege Leave Encashment more than 5 years respectively at the rate of 7% per annum Petitioner No. 1 from 31.01.2015 to 20.03.2020, Petitioner No. 2 from 31.07.2013 to 06.01.2020, Petitioner No. 3 from 31.08.2014 to 14.01.2020, Petitioner No. 4 from 31.10.2016 to 01.11.2021, Petitioner No.5 from 31.10.2013 to 09.01.2020 and Petitioner No. 6 from 31.03.2014 to 31.12.2019 within time frame to be stipulated by this Hon'ble court. ii) Issue a writ, order or direction in the nature of mandamus commanding the respondents to consider and decide the representation of petitioners at the earliest within time frame to be stipulated by this Hon'ble Court in accordance with law. iii) Issue any other suitable writ, order or direction in the nature of the case, as this Hon'ble Court may deem fit and proper in the circumstances of the case. iv) Award the cost of the petition to the petitioner." 3. Learned counsel for petitioners refers some judgments passed by co- Versus Counsel for Petitioner(s) : Ajay Srivastava Counsel for Respondent(s) : A.S.G.I., Dinesh Kumar Rai, Sudarshan Singh Krishna Sahay Singh And 5 Others .....Petitioner(s) Union Of India And 2 Others .....Respondent(s) ordinate Bench of this Court that even at later stage, relief was granted so much as that matter was remitted to concerned respondent to decide in the light of judgments passed by the Supreme Court in Special Leave to Appeal (c) No.7939 of 2024 (I.T.I. Ltd. and another Vs. Ashok Kumar Shukla and another) as well as this Court in (Rama Kant Srivastava Vs. Indian Telephone Industries Limited and 2 others) Writ-A No. 31385 of 2016 in regard to payment of interest. 4. Learned counsel for respondent Nos.2 and 3 submits that leave encashment have already been paid to petitioners way back from 2013 to 2021 and only issue left is of interest on delayed payment and for that they have approached this Court after five years to seven years. 5. I have considered the above submission and perused the record. The petitioners were paid leave encashment on basis of judgment passed by this Court. It appears that issue of interest was not earlier raise and now it is raised on a ground that in some cases, interest was paid. 6. The Court takes reference of Rajesh Kumar Patel Vs. Indian Telephone Industries and others, 2024:AHC:197559 and Satya Narayan Yadav and 5 Others vs. Union of India and 2 others, 2025:AHC:146810, wherein after considering the judgments passed by Supreme Court an order was passed to pay interest even at belated stage. 7. Considering the facts and circumstances of the case but without expressing any opinion on the merits of the case set up on behalf of the petitioner, the present writ petition is disposed of by providing that the petitioners may make fresh applications/representations individually, ventilating all their grievances so far as issue of payment of interest is concerned, before the respondent nos.2 and 3; Chairman-cum-Managing Director, Indian Telephone Industries Limited having its Registered and Corporate Officer and Unit Head/Additional General Manager (HR and Legal), ITI Limited (Naini Unit), Mirzapur Road, within three weeks from today along with a certified copy of this order. On such representation being made, respondent nos.2&3 shall make all endeavours to consider and decide the same, strictly in accordance with law, keeping in mind the judgment referred above, by means of a reasoned and WRIA No. 14995 of 2025 2 speaking order, after giving proper opportunity of hearing to the parties concerned, as expeditiously as possible, preferably within a period of six weeks from the date of production of certified copy of this order, if there is no legal impediment. October 7, 2025 Jitendra/- WRIA No. 14995 of 2025 3 (Mrs. Manju Rani Chauhan,J.) Digitally signed by :- JITENDRA KUMAR YADAV High Court of Judicature at Allahabad