Umakant Yadav vs The State Of Bihar, Through The ...
2023 Latest Caselaw 868 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                 Civil Writ Jurisdiction Case No.15007 of 2021
     ======================================================

Umakant Yadav Son of Shree Balai Ram Yadav Resident of Village - Manjhanpur, P.S. - Mariahua, District- Jaunpur, retired A.D.J. 6th, Madhubani.

... ... Petitioner/s Versus

1. The State of Bihar, through the Principal Secretary General Administrative Department, Government of Bihar, Patna.

2. The Secretary, Law Department, Government of Bihar, Patna.

3. The Accountant General, Government of Bihar, Patna.

4. The Registrar General, Hon'ble Patna High Court, Patna.

5. The Account Officer, Office of the Accountant General, Bihar, Patna.

6. The Secretary Finance Department, Government of Bihar, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr.Subhash Kumar Jha, Adv. For the High Court : Mr. Piyush Lall, Adv.

     For the State                 :      Ms. Babita Kumari
     For the AG                    :      Ms. Kanchan Kumari, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR and HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR)

Date : 21-02-2023 Heard Mr. Subhash Kumar Jha, learned

advocate for the petitioner and Mr. Piyush Lall for the High

Court. Ms. Babita Kumari has represented the State of

Bihar whereas Ms. Kanchan Kumari has appeared for the

Accountant General.

The petitioner, a retired Judicial Officer, has

approached this Court seeking a direction to the Patna High Court CWJC No.15007 of 2021 dt.21-02-2023

respondents to verify his earned leave balance as on date

of his retirement on 30.09.2019 and pay him the

monetary benefit accruing out of such earned leave

account.

Initially, a lesser number of leave days was

calculated but finally, on a fresh calculation by the

Accountant General's Office and consequent sanction by

the High Court, the petitioner was found to be entitled to

292 days of leave for its encashment. This calculation is till

the date of his retirement on 30.09.2019.

Mr. Jha, learned counsel for the petitioner

however presses the rejoinder affidavit wherein he has

claimed that according to his calculation, there are 334

days of leave account in his credit till his date of

superannuation but, since only 300 days are encashable,

he should be paid for 300 days.

This statement cannot be accepted as true in view

of the Accountant General's Office having verified and the

High Court having sanctioned for payment of 292 days of Patna High Court CWJC No.15007 of 2021 dt.21-02-2023

leave in the credit of the petitioner during his service

tenure.

There should be no grievance of the petitioner

now.

The petition stands dismissed.

(Ashutosh Kumar, J)

( Harish Kumar, J) rishi/-

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Uploading Date          24.02.2023
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