SHRISH CHANDRA MISHRA v. UNION OF INDIA THRU. SECY. DEPTT. TELECOMMUNICATION MINISTRY NEW DELHI AND 2 OTHERS
WRIA/1404/2025 · 2025-09-10
Abdul Moin
body2025
DailyLaw.ai
[ 2025 DAILYLAW 121064 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 121064 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 1404 of 2025 Court No. - 4 HON'BLE ABDUL MOIN, J.
1. Heard.
2. At the very outset, Sri Dwijendra Mishra, learned counsel for respondents no.2 and 3, states that he does not intend to file any counter affidavit and prays that the matter may be heard and decided finally.
3. Accordingly, the Court proceeds to hear and decide the matter.
4. Present petition has been filed by the petitioner challenging the order dated 03.01.2025 whereby the respondents have passed an order stating that the dues could not be paid to the petitioner. It further records that no interest is payable.
5. Learned counsel for the petitioner argues that the petitioner had earlier approached this Court by filing Writ - A No.11455 of 2024 which was
disposed off vide order dated 02.12.2024 directing respondents to take a decision with regard to the claim of the petitioner within a period of two months. In compliance of the said direction, the impugned order has been passed.
6. The issue with regard to financial difficulty and interest on delayed payment was considered by this Court in the case of Nand Lal v. Indian Telephone Industries Limited and 2 Ors. (Writ - A No.31490 of 2016) decided on 09.03.2018 and thus, the stand taken in the impugned order Versus Counsel for Petitioner(s) : Raj Mani Dubey, Smita Singh Counsel for Respondent(s) : A.S.G.I., Dwijendra Mishra Shrish Chandra Mishra .....Petitioner(s) Union Of India Thru. Secy. Deptt. Telecommunication Ministry New Delhi And 2 Others .....Respondent(s)
with regard to financial difficulty is unsustainable.
7. In view of the settled law as discussed above, impugned order dated 03.01.2025 is set aside with direction to respondent no.2 to pay the outstanding amounts alongwith interest at the rate of 7% per annum from the date of retirement till actual payment/realization to the petitioner within a period of six weeks from the date of production of a certified copy of this order.
8. In case the amounts are not paid, the petitioner would be at liberty to initiate appropriate contempt proceedings.
9. The writ petition is accordingly allowed.
10. This order has been passed in the presence of Shri Anand Dwivedi,
learned counsel appearing for respondent no.1. September 10, 2025 A. Katiyar WRIA No. 1404 of 2025 2 (Abdul Moin,J.) Digitally signed by :- AMIT KATIYAR High Court of Judicature at Allahabad, Lucknow Bench