Yatindra Singh Chauhan vs State Of U.P. And 4 Others
2022 Latest Caselaw 1154 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

Chief Justice's Court Serial No. 2          HIGH COURT OF JUDICATURE AT ALLAHABAD ***    SPECIAL APPEAL DEFECTIVE No. - 951 of 2021 (Arising out of Writ A No.1861 of 2021)             Yatindra Singh Chauhan   .....Appellant       Through :-   Mr. Gaurav Sharma, Advocate         v/s      State of U.P. and others   .....Respondents       Through :-   Mr. Ankit Gaur, State Law Officer for respondents no.1 and 2, Mr. Raghvendra Pratap Singh, Advocate for respondents no.3 to 5           CORAM :  HON'BLE RAJESH BINDAL, CHIEF JUSTICE     HON'BLE PIYUSH AGRAWAL, JUDGE        ORDER     1.         The only issue raised by the appellant in present intra-Court appeal is that though the amount of leave encashment has been paid to him, however, interest thereon on account of delayed payment has not been paid. The appellant retired from service on December 31, 2006. At that time, there was some dispute regarding payment of leave encashment to the Assistant Teachers, the post on which the appellant was working.  2.         The issue was settled by a Division Bench of this Court in Special Appeal Defective No. 25 of 2016 (The U.P. Basic Shiksha Parishad and others vs. Dharnidhar Dubey), which was dismissed vide order dated February 2, 2016. Even thereafter, the appellant was not paid the leave encashment though he represented. 3.         Before the learned Single Judge, the stand taken by the respondents was accepted that the amount of leave encashment has been paid to the appellant. However, his claim for payment of interest on account of delayed payment of leave encashment, even after the Division Bench judgment of this Court in Dharnidhar Dubey's case (supra) was not considered. 4.         In the aforesaid factual matrix and considering the fact that the issue regarding entitlement of leave encashment to the Assistant Teachers was settled by this Court on February 2, 2016 and the amount was paid to the appellant nearly five years thereafter, he is held entitled for payment of interest on account of delayed payment. 5.         The appellant be paid interest on the amount of leave encashment @ 6 % per annum for the period of five years within a period of three months from the date of production of copy of this order.   6.            The Special Appeal is disposed of.      (Piyush Agrawal, J.)       (Rajesh Bindal, C.J.)     Allahabad 11.04.2022 Manish Himwan/P.Sri.    Whether the order is speaking : Yes   Whether the order is reportable : Yes/No