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2025 DAILYLAW 21494 (ALL)

RAM RAKSHA BHARTIYA AND 2 OTHERS v. UNION OF INDIA AND 3 OTHERS

WRIA/2258/2025 · 2025-07-31

Kshitij Shailendra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:130238 Court No. - 5 Case :- WRIT - A No. - 2258 of 2025 Petitioner :- Ram Raksha Bhartiya And 2 Others Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Manvendra Narain Pathak,Shiv Lal Counsel for Respondent :- A.S.G.I.,Dinesh Kumar Rai,Sudarshan Singh Hon'ble Kshitij Shailendra,J. 1. Heard Sri Shiv Lal, learned counsel for the petitioners, Sri Sudarshan Singh, learned counsel for the Union of India and Sri Santosh Kumar Upadhyay, Advocate holding brief of Sri Dinesh Kumar Rai, learned counsel for the respondent nos.2 to 4 and perused the material available on record. 2. Affidavits have been exchanged and, therefore, the writ petition is being finally decided. 3. Present writ petition has been filed inter alia claiming following relief: (I) Issue a writ, order or direction in the nature of mandamus commanding the respondents to ensure payment of interest on the late payment of Privileged Leave Encashment of petitioners for a period of 4 years 6 months, 7 years and 5 years 3 months respectively at the rate of 12% per annum, within a specific period as may be fixed by this Hon'ble Court. 4. Submission is that the petitioners are entitled for the financial benefits as claimed and denial on the part of the respondents is not justified. During the course of arguments reliance has been placed upon judgment dated 17.12.2024 passed by co-ordinate bench of this Court in a bunch of writ petitions, leading petition being Writ- A No.17969 of 2024, Rajesh Kumar Patel vs. Indian Telephone Industries and others and it is urged that the case of petitioners is at par with the writ petitioners of the writ petitions in the aforesaid bunch. 5. The Court has considered the submissions and finds that facts of the present case are similar to one decided in the aforesaid bunch. In the matter of Rajesh Kumar Patel (supra), following directions were issued: "14. In this view of the matter, this Court finds that whatever reasons prevailed with me in declining to grant interest vide order dated 16.10.2023 passed in Writ - A No. 12827 of 2023 no longer hold good, in view of the Supreme Court’s authority. So far as the Special Appeal is concerned, that is an appeal for grant of interest against refusal. So far as this Court is concerned, we are within our rights in following the principles laid down by the Supreme Court in Special Leave to Appeal (Civil) No. 7939 of 2024. 15. In the result, this petition succeeds and stands allowed. The respondent-ITI Limited and its functionaries, arrayed as respondents Nos. 2 to 4, are ordered to ensure, amongst themselves, that due interest is paid to the petitioners on the belated payment of Privileged Leave Encashment from the date it fell due until it was actually paid at the rate of 7% simple annually. The aforesaid interest shall be worked out and paid within a period of three months from the date of communication of this order. 16. There shall be no order as to costs. 17. Pending application(s), if any, shall stand consigned to record. 18. Let this order be communicated to the Chairman-cum-Managing Director, Indian Telephone Industries Limited, ITI Bhawan, Durwani Nagar Bengaluru by the learned Registrar General of this Court through the learned Registrar General of the Karnataka High Court. 19. Let this order be also communicated to the Additional General Manager (Pension and Administrative), Indian Telephone Industries Limited (Naini Unit), Naini, Prayagraj and the Unit Head/Deputy General Manager (Personnel and Administrative), Indian Telephone Industries Limited (Naini Unit), Naini, Prayagraj, both through the learned Chief Judicial Magistrate, Allahabad by the Registrar (Compliance)." 6. Considering the submissions made, this writ petition stands disposed of with a direction that benefits of order dated 17.12.2024 and directions contained in paragraph 15 of the same, passed in case of Rajesh Kumar Patel (supra) shall also be available to the petitioners. 7. Respondents are directed to compute the benefits and release the same within a period of three months from the date of production of certified copy/true attested copy of this order before them. Order Date :- 1.8.2025 S.A. Digitally signed by :- SALMAN AHMAD High Court of Judicature at Allahabad