Dr. Dev Prakash Sharma vs State Of U.P. And 3 Others
2023 Latest Caselaw 13673 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 34
 

 
Case :- WRIT - A No. - 7432 of 2023
 

 
Petitioner :- Dr. Dev Prakash Sharma
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Durga Tiwari
 
Counsel for Respondent :- C.S.C.,Uday Pratap Singh
 

 
Hon'ble Ajit Kumar,J.

Heard learned counsel for the parties.

The petitioner claims to have retired from Pandit Deen Dayal Upadhyay Pashu Chikitsa Vigyan Vishwavidyalaya Evam Gau Anusandhal Sansthan, Mathura in 2002. However, the question of liability as to leave encashment to the retired teachers of the University has been matter of litigation before this Court and then before Supreme Court. Ultimately, with the dismissal of Special Leave Petition by the Supreme Court, the teachers of the University have been held to be entitled for leave encashment amount in the light of the judgment of the Division Bench dated 19.4.2016 passed in Writ A No.5193 of 2012.

Learned counsel for the petitioner states that now the matter is being examined on case to case basis by the competent authority, namely, the respondent no.1 and in identical facts and circumstances Writ A No.22546 of 2017 and Writ A No.6934 of 2019 have stood disposed of.

Sri Uday Pratap Singh, learned counsel for the respondent nos.2,3 and 4 does not have any objection in the event this petition also stands disposed of in terms of the order passed in Writ A No.22546 of 2017 and Writ A No.6934 of 2019 by considering the claim of the petitioner and pass appropriate orders at the end of respondent no.1.

Learned Standing Counsel for the State also does not have any objection in the event direction is issued for disposal of the claim of the petitioner strictly in accordance with law.

In view of the above, this petition is disposed of in terms of the order passed by this Court in Writ A No.22546 of 2017 and Writ A No.6934 of 2019.

Order Date :- 1.5.2023

Deepika