Bhola Nath Pal vs State Of ...
2023 Latest Caselaw 6037 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 18
 

 
Case :- WRIT - A No. - 3215 of 2020
 

 
Petitioner :- Bhola Nath Pal
 
Respondent :- State Of U.P.Throu.Prin.Secy.Fisheries Deptt.Lko.And Ors.
 
Counsel for Petitioner :- Sanjay Kumar Srivastava,Akshat Kumar
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Pankaj Bhatia,J.

Heard learned Counsel for the petitioner and learned Standing Counsel.

The present petition has been filed by the petitioner claiming the benefit of leave encashment.

It is claimed that the Director, Fisheries has issued a letter dated 20.03.1987 and on the foundation of the said letter dated 20.03.1987, one Kishwar Ali filed Writ Petition No.33680 of 2016. This Court placing reliance on the said letter proceeded to allow the writ petition and directed the respondents to make payment of leave encashment amount.

The said order passed by the learned Single Judge was challenged in Special Appeal Defective No.396 of 2018 before the Special Appeal Court. It was argued that the Director had no authority to issue the letter of the nature contained in 20.03.1987. The Special Appeal Court considered the said argument and found that the communication dated 20.03.1987 was issued in the light of the Government Orders dated 29.01.1987 and 01.03.1985 and was only consequential order and based upon the said reasoning, the special appeal was dismissed vide order dated 13.07.2018. The Special Leave Petition preferred against the said order was also dismissed in limine vide order dated 22.11.2018.

The claim of the petitioner has been rejected by means of the impugned order holding that a review application was filed before the Special Appeal Court which was disposed off holding that the order dated 13.07.2018 passed by the Special Appeal Court is only affirming the order passed by the learned Single Judge relating the petitioner.

In the light of the said observations, now the stand of the respondent is that the order passed by the Special Appeal Court was in respect of the said petitioner only. The argument merits rejection as the Special Appeal Court had considered and decided that the directions given in the order dated 20.03.1987 were in consequence to the Government Orders dated 29.01.1987 and 01.03.1985. Thus the impugned order cannot be sustained being contrary to the directions given by the Special Appeal Court in its judgment dated 13.07.2018.

The writ petition is allowed. The impugned order as contained in Annexure-1 dated 23.11.2019 is set aside with the directions to the respondents to grant the benefit of leave encashment to the petitioner in the light of the directions given in the case of Kishwar Ali vs State of U.P. and others (Supra) and affirmed in Special Appeal Defective No.396 of 2018. The amount shall be calculated and paid to the petitioner within a period of three months from the date of production of certified copy of this order.

Order Date :- 24.2.2023

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