Naresh Kumar Varma vs State Of U.P. And 4 Others
2021 Latest Caselaw 10222 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 6
 

 
Case :- WRIT - A No. - 10015 of 2021
 

 
Petitioner :- Naresh Kumar Varma
 
Respondent :- State Of U.P. And 4 Others
 
Counsel for Petitioner :- Pankaj Kumar Gupta
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Pankaj Bhatia,J.

The present petition has been filed challenging the order dated 27.5.2021, whereby while computing the leave encashment, the services rendered by the petitioner from the year 1987 up to 1996 have not been computed for the purposes of calculating the qualifying service of the petitioner.

The contention of learned counsel for the petitioner is that this issue has been squarely covered by the judgment of this Court dated 28.11.2017 passed in Writ-A No. 26623 of 2014. The issue has already been settled after the promulgation of the ordinance passed by this Court in Special Appeal No. 97 of 2021 (State of U.P. and others Vs. Bhanu Pratap Sharma), decided on 9.6.2021.

In view of the said categorical pronouncement, the order dated 27.5.2021 cannot be sustained and is set aside. It is directed that the respondents shall compute the benefits payable to the petitioner for leave encashment treating the services rendered by the petitioner from 1987 up to 1996 as qualifying service and the petitioner shall be entitled to all consequential benefits. The said action shall be taken by the respondents as expeditiously as possible, preferably within a period of three months from the date of production of a copy of this order before the concerned respondent.

The writ petition is disposed off.

Copy of the order downloaded from the official website of this Court shall be treated/accepted as certified copy of this order.

Order Date :- 12.8.2021

S. Rahman