SRI GOPAL SHARAN TRIPATHI AND 3 OTHERS v. INDIAN TELEPHONE INDUSTRIES LIMITED AND 3 OTHERS
WRIA/3322/2025 · 2025-03-17
Vikram D Chauhan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 30163 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 30163 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:37893 Court No. - 7 Case :- WRIT - A No. - 3322 of 2025 Petitioner :- Sri Gopal Sharan Tripathi And 3 Others Respondent :- Indian Telephone Industries Limited And 3 Others Counsel for Petitioner :- Dheeraj Kumar Singh Counsel for Respondent :- A.S.G.I.,Dinesh Kumar Rai Hon'ble Vikram D. Chauhan,J.
1. Heard learned counsel for the petitioner and learned Standing Counsel for the State.
2. The present writ petition is filed with the following prayer:
"i. Issue a writ order or direction in the nature of mandamus commanding the respondent nos.1 to 3 to pay interest at the current market rate on belated payment of Privilege Leave Encashment to the petitioners from the date it fell due until it was actually paid within time to be stipulated by this Hon'ble Court."
3. It is submitted by learned counsel for the petitioner that although the amount of privilege leave encashment has been paid to the petitioner, however, there is a delay in respect of which the petitioner is claiming interest. The petitioner has applied before the respondent-authorities on 26.02.2025 for payment of interest, however, till date no order has been passed. He submits that a similar controversy has already been decided by this Court by
judgment and order dated 17.12.2024 rendered in Rajesh Kumar Patel vs. Indian Telephone Industries and others (Writ-A No.17969 of 2024) and petitioners are entitled for similar relief.
4. Sri Risabh Kumar Pandey, advocate holding brief of Sri Dinesh Kumar Rai, learned counsel for respondent nos. 1 to 3 and Sri Sudarshan Singh, learned counsel for the respondent no.4 have not disputed the law laid down by this Court in Rajesh Kumar Patel (supra).
5. This Court in para-15 of the Rajesh Kumar Patel (supra) case held as follows:
"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."
6. In view of the fact that the parties do not dispute the aforesaid
judgment in Rajesh Kumar Patel (supra) and submit that the present matter is squarely covered by the aforesaid judgment, the present writ petition is disposed of in terms of the judgment in Rajesh Kumar Patel (supra) and the authorities are directed to pass an order for payment of interest in terms of law laid down in Rajesh Kumar Patel (supra) case. The aforesaid exercise would be completed within a period of three months from the date of production of certified copy of this order.
Order Date :- 18.3.2025 S.Prakash Digitally signed by :- SHASHI PRAKASH High Court of Judicature at Allahabad