Vijay Kumar Arora vs State Of U.P. And 3 Others
2021 Latest Caselaw 7322 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 33
 

 
Case :- WRIT - A No. - 5374 of 2021
 

 
Petitioner :- Vijay Kumar Arora
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- J.P. Singh
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Ashwani Kumar Mishra,J.

Petitioner's claim for grant of leave encashment is stated to be pending consideration before respondent no.2. Reliance is placed upon a judgment of this Court in Writ Petition No.62389 of 2014, decided on 27.05.2019 to submit that entitlement of similarly placed employees including the petitioner for grant of leave encashment has already been accepted by this Court. Submission is that respondents have illegally withheld petitioner's claim without any justifiable reasons.

Learned Standing Counsel submits that issues on facts can be examined by the authority competent at the first instance.

Considering the nature of order proposed to be passed notices need not be issued to respondent no.4 and this petition is being disposed of this stage itself.

In the facts and circumstances of the present case it would be appropriate to permit the petitioner to represent his grievance, noticed above, before respondent no.2 alongwith copy of this order, annexing all materials in support of his claim, within two weeks from today. Such claim of the petitioner for grant of leave encashment shall be dealt with by the authority concerned in accordance with law, keeping in view the law laid down in Writ Petition No.62389 of 2019 and a reasoned speaking order in that regard would be passed within a further period of three months, thereafter. Respondents shall ensure that all consequential action is taken without any further loss of time.

With the aforesaid observations, this writ petition stands disposed of.

Order Date :- 8.7.2021

Ashok Kr.