Thumu Tirumal Reddy vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 11584 ALL

Citation : 2023 Latest Caselaw 11584 ALL
Judgement Date : 18 April, 2023

Allahabad High Court

Thumu Tirumal Reddy vs State Of U.P. Thru. Prin. Secy. ... on 18 April, 2023

Bench: Pankaj Bhatia




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 17
 

 
Case :- WRIT - A No. - 2905 of 2023
 

 
Petitioner :- Thumu Tirumal Reddy
 
Respondent :- State Of U.P. Thru. Prin. Secy. Dairy Development Deptt. Lko. And 3 Others
 
Counsel for Petitioner :- Pradeep Kumar Tripathi
 
Counsel for Respondent :- C.S.C., Shanker Lal
 

 
Hon'ble Pankaj Bhatia,J.

Sri Abhinit Jaiswal has filed vakalatnama on behalf of the respondents, which is taken on record.

Heard the counsel for the petitioner and Sri Abhinit Jaiswal the counsel for the respondents.

The present petition has been filed by the petitioner claiming the benefit of leave encashment which are not being paid to the petitioner only because some proceedings under sections 65 and 68 of the U.P. Cooperative Societies Act are pending against the petitioner.

The counsel for the respondents argues that the petitioner himself has undertaken that the amounts may be retained pending the proceedings under sections 65 and 68 of the U.P. Cooperative Societies Act, however, there is no power available with the respondents to withhold the payments only on account of pendency of the proceedings under sections 65 and 68 of the U.P. Cooperative Societies Act.

There being no provision for withholding the payment, clearly withholding of the payment is in violation of the rights of the petitioner under Article 300-A of the Constitution of India.

This court has also considered the said issue in Writ-A No.2402 of 2023 (Vinod Chaudhary vs. State of U.P. and others) decided on 23.03.2023. Thus, following the said judgment as well as the reasoning given above, withholding of the leave encashment entitlement to the petitioner is wholly without jurisdiction.

Accordingly, the writ petition is allowed. The respondents are directed to pay the amount of leave encashment to which the petitioner is entitled along with 7% interest from the date it fell due till the actual payment/realization within a period of three months from today.

Order Date :- 18.4.2023

VNP/-