ASHOK KUMAR SRIVASTAVA v. U.O.I. THRU. ITS SECY. MIN. OF COMM. NEW DELHI AND 2 OTHERS
WRIA/1530/2025 · 2025-02-05
Abdul Moin
Special Leave Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 121924 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 121924 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:7365 Court No. - 5 Case :- WRIT - A No. - 1530 of 2025 Petitioner :- Ashok Kumar Srivastava Respondent :- U.O.I. Thru. Its Secy. Min. Of Comm. New Delhi And 2 Others Counsel for Petitioner :- Anil Kumar Yadav Counsel for Respondent :- A.S.G.I.,Nidhi Singh Hon'ble Abdul Moin,J.
1. Heard learned counsel for petitioner, Mr. Anand Dwivedi,
learned counsel for opposite party no.1, and Nidhi Singh,
learned counsel for opposite parties no.2 and 3.
2. With the consent of the parties, the matter is being decided finally.
3. Contention of the learned counsel for the petitioner is that the petitioner is husband of the employee, who was working under Respondent No.3 and has died subsequent to her retirement. However, privileged leave encashment due to the wife of the petitioner has been paid subsequently and it is prayed that the petitioner is entitled to be paid interest on delayed payment @ 7% per annum.
4. It is submitted that petitioner's case is covered by judgment rendered by Co-ordinate Bench of this Court in Writ A No. 2075 of 2023, Ashok Kumar Shukla versus Union of India and others decided vide judgment and order dated 3rd March, 2023 and was upheld in Special Appeal (Defective) No. 72 of 2024 vide judgment and order dated 6th February, 2024 as well as by Hon'ble Supreme Court in S.L.P. No. 7939 of 2024 decided vide judgment and order dated 8th April, 2024.
5. Considering the aforesaid aspects, the opposite parties are
directed to take a final decision with regard to payment of aforesaid benefits in the light of judgment rendered by this Court in the case of Ashok Kumar Shukla (supra), in case same is applicable. Final decision shall be taken within a period of eight weeks from the date a certified copy of this order is produced before the said authority. In case petitioner is found entitled for the aforesaid benefits, actual payment thereof shall be ensured within a period of eight weeks thereafter.
6. With the aforesaid directions, the writ petition stands
disposed of.
Order Date :- 5.2.2025/ G. Singh/- Digitally signed by :- GURPREET SINGH High Court of Judicature at Allahabad, Lucknow Bench