JAWAHAR LAL v. INDIAN TELEPHONE INDUSTRIES LIMITED AND 4 OTHERS
WRIA/15030/2023 · 2025-07-09
Saurabh Shyam Shamshery
body2025
DailyLaw.ai
[ 2025 DAILYLAW 48838 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 48838 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:110341 Court No. - 5 Case :- WRIT - A No. - 15030 of 2023 Petitioner :- Jawahar Lal Respondent :- Indian Telephone Industries Limited And 4 Others Counsel for Petitioner :- Kunwar Mayank Singh Counsel for Respondent :- A.S.G.I.,Gopal Misra,Sudarshan Singh Hon'ble Saurabh Shyam Shamshery,J.
1. Heard Sri Kunwar Mayank Singh, learned counsel for petitioner, Sri Dinesh Kumar Rai, learned counsel for respondent Nos. 1 to 4 and Sri Sudarshan Singh, learned counsel for respondent No.5.
2. The petitioner is a fence sitter. He has approached this Court after the law was crystalized so far as entitlement to the benefit of leave encashment and interest thereupon for delay in payment and undisputedly, petitioner has retired on 31.01.2023.
3. Learned counsel for petitioner refers some judgments passed by co-ordinate Bench of this Court that even at later stage, relief was granted so much as that matter was remitted to concerned respondent to decide in the light of judgments passed by the Supreme Court in Special Leave to Appeal (c) No.7939 of 2024 (I.T.I. Ltd. and another Vs. Ashok Kumar Shukla and another) as well as this Court in (Rama Kant Srivastava Vs. Indian Telephone Industries Limited and 2 others) Writ-A No. 31385 of 2016 in regard to payment of interest.
4. Learned counsel for respondent Nos. 1 to 4 submits that leave encashment have already been paid to petitioner way back in the year 2023 and only issue left is of interest on delayed payment and for that he has
approached this Court after seven months.
5. I have considered the above submission and perused the record. The petitioner was paid leave encashment on basis of judgment passed by this Court. It appears that issue of interest was not earlier raise and now it is raised on a ground that in some cases, interest was paid.
6. The Court takes reference of Rajesh Kumar Patel Vs. Indian
Telephone
Industries
and
others, 2024:AHC:197559, wherein after considering the judgments passed by Supreme Court an order was passed to pay interest even at belated stage.
7. In the aforesaid circumstances, this writ petition is
disposed of with an observation/direction that in case, petitioner approaches concerned respondent so far as issue of payment of interest is concerned, the concerned respondent will take note of judgment referred above and will pass a reasoned order.
Order Date :- 10.7.2025 N. Sinha Digitally signed by :- NIRMAL SINHA High Court of Judicature at Allahabad