The court noted that the petitioner received the leave encashment dues on 11.09.2023. It declined a claim for interest, reasoning that interest is generally payable on gratuity and pension arrears, not leave encashment, finding no ground to award it further.
Claim for interest on leave encashment rejected.
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Neutral Citation No. - 2023:AHC:198361
Court No. - 33
Case :- WRIT - A No. - 13249 of 2023
Petitioner :- Pradeep Kumar Sahu Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Awadhesh Kumar Malviya Counsel for Respondent :- C.S.C.,Devendra Pratap Singh
Hon'ble J.J. Munir,J.
Order on writ petition
In compliance with the interim mandamus issued in this case, a counter affidavit has been filed on behalf of respondent no.3. In paragraph no.4 of the affidavit it is averred:
"4. That in compliance of interim mandamus deponent has paid balance amount of Rs. 25686.50 to petitioner and said amount has been transferred in saving bank account of petitioner on 11.09.2023 and petitioner has been informed vide letter dated 11.9.2023 which he himself received by putting his signature. A photo copy of letter dated 11.9.2023 and bank statement of petitioner are being annexed herewith and marked as Annexure 1 to this affidavit."
Learned Counsel for the petitioner demands interest on Leave Encashment.
Given the circumstances of this case and the fact that interest is generally payable on Gratuity and arrears of Pension and not Leave Encashment, this Court does not find any good ground to award interest. The petitioner has clearly received his dues on account of Leave Encashment.
No further orders are required to be made on the writ petition.
It is consigned to record.
Order on Civil Misc. Stay Application No. 1 of 2023
The application is disposed of.
For orders, see my orders of date passed on the writ petition.
Order Date :- 12.10.2023 Vijay
Digitally signed by :- VIJAY KUMAR SAHU High Court of Judicature at Allahabad
1 issue framed by the court
Whether the petitioner is entitled to award of interest on paid leave encashment.
Pradeep Kumar Sahu
State Of U.P.
Unknown Respondent 1
Unknown Respondent 3
Vijay Kumar Sahu
Muhammad Munir
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
