Usha Devi vs State Of U.P. And 3 Others
2023 Latest Caselaw 13677 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 38
 

 
Case :- WRIT - A No. - 7504 of 2023
 

 
Petitioner :- Usha Devi
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Sucheta Pathak,Sudeep Kumar Pathak
 
Counsel for Respondent :- C.S.C,Shashi Kant Verma
 

 
Hon'ble Saurabh Srivastava,J.

1. Heard learned counsel for the parties.

2. The petitioner is before this Court with request to issue a direction in the nature of mandamus commanding the second respondent to pay the benefit of leave encashment to the petitioners with interest.

3. Learned counsel for the petitioner in support of his submissions has placed reliance upon the judgment passed by this Court in Dharni Dhar Shukl (Service Single No. 21494 of 2016, dt. 8.9.2016) and as such , it is sought to be contended that the present matter is squarely covered by the aforesaid judgment and the similar treatment may also be extended to the petitioner.

4. The above said argument of learned counsel for the petitioner is not being disputed by learned Standing Counsel.

5. In view of the above, on consent and without expressing any opinion on the merits of the issue and considering the facts and circumstances of the case, this writ petition is disposed off finally asking the petitioner to move fresh application/representation ventilating their grievances within ten days time from today before the competent authority and in case, any such representation is moved, the same shall be looked into, examined and remedied strictly, in accordance with law and in the light of Dharni Dhar Shukl (supra) after giving opportunity of hearing to all the stakeholders in the matter, as expeditiously as possible and preferably within a period of two months from the date of production of a certified copy of this order before him.

Order Date :- 1.5.2023

SY