Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 153270 (ALL)

SHRI RAM NARAIN PATHAK v. UNION OF INDIA THRU. SECY. DEPTT. OF TELECOMMUNICATIONS, MINI. OF COMM. NEW DELHI AND 2 OTHERS

WRIA/8075/2025 · 2025-07-24

Abdul Moin

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:42435 Court No. - 5 Case :- WRIT - A No. - 8075 of 2025 Petitioner :- Shri Ram Narain Pathak Respondent :- Union Of India Thru. Secy. Deptt. Of Telecommunications, Mini. Of Comm. New 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 03.01.2025 contained as annexure 1 to the writ petition whereby the respondents have passed an order stating that the dues could not be paid to the petitioner, however, efforts are being made for payment in the month of April, 2023. 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.10595 of 2024 which was disposed off vide order dated 18.11.2024 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 03.01.2025 contained as annexure 1 to the writ petition 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 four months 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 :- 24.7.2025 Pachhere/- Digitally signed by :- SATYENDRA SINGH PACHHERE High Court of Judicature at Allahabad, Lucknow Bench