Arvind Kumar Shukla v. State of U.P. Thru. Prin. Secy. Dairy Development Deptt. Lko. and 2 Others

Court No. - 7 Case :- WRIT - A No. - 9958 of 2023 Petitioner :- Arvind Kumar Shukla 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.

¶1Heard learned counsel for the petitioner, learned Standing Counsel for respondent no.1 and Ms. Shruti Sahu, learned counsel for respondents no.2 & 3.

¶2With the consent of learned counsel for the parties the writ petition is being finally decided.

¶3Present petition has been filed by the petitioner alleging that despite the petitioner having retired, the leave encashment benefit to which the petitioner is entitled has not been paid.

¶4Learned counsel for the respondent, on instructions, argues that certain audit objections were existing as against the petitioner which were not removed, as such, the amount of leave encashment has not been paid to the petitioner.

¶5There is no statutory provision shown at the bar entitling respondents to withhold the leave encashment benefit.

¶6Considering 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.

¶7The writ petition is allowed.

¶8Respondents are directed to pay the leave encashment benefits to the petitioner along with interest at the rate of 7% per annum from the date of retirement till actual payment/realisation, within four months. Order Date :- 22.12.2023 A. Katiyar High Court of Judicature at Allahabad, Lucknow Bench