MUKESH GUPTA v. UNION OF INDIA THRU. SECY. DEPTT. OF TELECOMMUNICATIONS, MINI. OF COMM. NEW DELHI AND 2 OTHERS
/8378/2025 · 2025-08-05
body2025
DailyLaw.ai
[ 2025 DAILYLAW 154536 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 154536 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:45306 Court No. - 4 Case :- WRIT - A No. - 8378 of 2025 Petitioner :- Mukesh Gupta Respondent :- Union Of India Thru. Secy. Deptt. Of Telecommunications, Mini. Of Comm. New Delhi And 2 Others Counsel for Petitioner :- Smita Singh Counsel for Respondent :- A.S.G.I.,Dwijendra Mishra Hon'ble Abdul Moin,J.
1. Heard learned counsel for the petitioner.
2. Present petition has been filed by the petitioner challenging the order dated 16.01.2025 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.
3. Learned counsel for the petitioner argues that the petitioner had earlier approached this Court by filing Writ - A No.11628 of 2024 which was disposed off vide order dated 05.12.2024 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.
4. 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.
5. In view of the settled law as discussed above, impugned
order dated 16.01.2025 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.
6. In case the amounts are not paid, the petitioner would be at liberty to initiate appropriate contempt proceedings.
7. The writ petition is accordingly allowed.
8. This order has been passed in the presence of Shri Anand Dwivedi, learned counsel appearing for respondent no.1.
Order Date :- 5.8.2025 A. Katiyar Digitally signed by :- AMIT KATIYAR High Court of Judicature at Allahabad, Lucknow Bench