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2025 DAILYLAW 149695 (ALL)

DUIJESH KUMAR v. UNION OF INDIA THRU. SECY. DEPTT. OF TELECOMMUNICATION MINISTRY COMMUNICATION DELHI AND 2 OTHERS

WRIA/7308/2025 · 2025-07-08

Abdul Moin

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:38493 Court No. - 5 Case :- WRIT - A No. - 7308 of 2025 Petitioner :- Duijesh Kumar Respondent :- Union Of India Thru. Secy. Deptt. Of Telecommunication Ministry Communication Delhi And 2 Others Counsel for Petitioner :- Raj Mani Dubey Counsel for Respondent :- A.S.G.I.,Dwijendra Mishra Hon'ble Abdul Moin,J. Heard learned counsel for the petitioner. Present petition has been filed by the petitioner challenging the order dated 11.10.2024 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. Learned counsel for the petitioner argues that the petitioner had earlier approached this Court by filing Writ - A No.9001 of 2024 which was disposed off vide order dated 03.10.2024 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. 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 with regard to financial difficulty is unsustainable. In view of the settled law as discussed above, impugned order dated 11.10.2024 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. In case the amounts are not paid, the petitioner would be at liberty to initiate appropriate contempt proceedings. The writ petition is accordingly allowed. This order has been passed in the presence of Shri Anand Dwivedi, learned counsel appearing for respondent no.1. Order Date :- 8.7.2025 prateek Digitally signed by :- PRATEEK ARORA High Court of Judicature at Allahabad, Lucknow Bench