Ramesh Kumar Sobh Nath Mishra and 2 Others v. State of U.P. Thru. Prin. Secy. Dairy Development Deptt. Lko. and 2 Others

Court No. - 7 Case :- WRIT - A No. - 9623 of 2023 Petitioner :- Ramesh Kumar Sobh Nath Mishra And 2 Others Respondent :- State Of U.P. Thru. Prin. Secy. Dairy Development Deptt. Lko. And 2 Others Counsel for Petitioner :- Pradeep Kumar Tripathi Counsel for Respondent :- C.S.C.,Shanker Lal Hon'ble Abdul Moin,J.

¶1At the very outset, learned counsel for the petitioners prays for and is permitted to implead 'Dugdh Utpadak Sahaik Sangh Limited, Prayagraj, through its General Manager' as respondent no.4 during course of the day.

¶2Heard learned counsel for the petitioners, learned Standing Counsel for respondent no.1, Sri Pankaj Patel, learned counsel for respondents no.2 and 3. Sri Pankaj Patel, learned counsel, also accepts notice for respondent no.4.

¶3With the consent of learned counsels for the parties the writ petition is being decided finally.

¶4Present petition has been filed by the petitioners alleging that despite the petitioners having retired, the leave encashment benefit to which the petitioners are entitled has not been paid.

¶5Learned counsel for the respondents, on instructions, argues that certain audit objections were existing as against the petitioners which were not removed, as such, the amount of leave encashment has not been paid to the petitioners.

¶6There is no statutory provision shown at the bar entitling respondents to withhold the leave encashment benefit.

¶7Considering the fact that there is no statutory powers vested with the respondents to withhold the payment of leave encashment benefits, the action of the respondents in withholding the benefits is clearly arbitrary and contrary to mandate of Article 300A of the Constitution of India.

¶8The writ petition is allowed.

¶9Respondents are directed to pay the leave encashment benefits to the petitioners alongwith interest at the rate of 7% per annum from the date of retirement till actual payment/realisation within four months. Order Date :- 16.12.2023 A. Katiyar High Court of Judicature at Allahabad, Lucknow Bench