Rajeev Sharma vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 23304 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:56382
 

 
Court No. - 8
 

 
Case :- WRIT - A No. - 6293 of 2023
 

 
Petitioner :- Rajeev Sharma
 
Respondent :- State Of U.P. Thru. Prin. Secy. Public Works Deptt. Civil Sectt. Lko And Another
 
Counsel for Petitioner :- Shivanshu Goswami
 
Counsel for Respondent :- C.S.C.,Shishir Jain
 

 
Hon'ble Pankaj Bhatia,J.

1. Heard learned counsel for the petitioner and Shri Shishir Jain, learned counsel appearing for respondent no.2.

2. It is argued by counsel for the petitioner that in a similar issue, this Court has taken a view in the judgment dated 26.05.2023 passed in Writ - A No.131 of 2022 that withholding of the leave encashment was in violation of Article 300A of the Constitution of India without there being any justification or power vested in the department. Similar view was taken in the judgments dated 22.08.2023 passed in Writ - A Nos.6184 of 2023 & 6210 of 2023.

3. In view thereof, the present petition is allowed on the same grounds and reasoning as contained in the aforesaid judgments.

4. Respondents are directed to pay the amounts of leave encashment to which the petitioner was entitled and was wrongly withheld, alongwith interest at the rate of 7% per annum from the date of retirement till actual payment/realization, within a period of four months.

Order Date :- 24.8.2023

nishant