The High Court disposed of a writ petition by a retired Assistant Clerk seeking leave encashment. The court directed the competent authority to consider the grievance within two months and pass a reasoned order.
Respondent no. 3 directed to consider petitioner's grievance and decide within two months of receiving certified copy of order.
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Neutral Citation No. - 2023:AHC:209863
Court No. - 34
Case :- WRIT - A No. - 18406 of 2023
Petitioner :- Munish Kumar Tiwari Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Deo Prakash Singh Counsel for Respondent :- CSC
Hon'ble Ajit Kumar,J.
Heard learned counsel for the parties.
Petitioner, who has retired from the post of Assistant Clerk in the office of District Basic Education Officer, is claiming benefit of leave encashment. He has placed reliance upon the judgment of this Court in the case of Ramesh Chandra Pachauri v. State of U.P. & Others (Writ - A No. 51555 of 2017) disposed of on 03.11.2017 and a recent direction issued by this Court in one Phool Chandra Mishra & Ors (Writ - A No. 29685 of 2015.
Petitioner claims to have represented the matter to the District Basic Education Officer on 08.10.2018, however, nothing has been done in the matter.
Learned Standing Counsel submits that he has no objection in the event this petition stands disposed of with a direction to the respondent no. 3 to look into and consider the grievance of the petitioner and pass appropriate order strictly in accordance with law.
In view of the above, this petition stands disposed of with a direction that respondent no. 3 shall consider the grievance of the petitioner raised in his representation dated 08.10.2018 and decide the same within a period of two months from the date of receipt of certified copy of this order and if the petitioner is found entitled for leave encashment, the said benefit may be extended to him. Proper decision shall be taken within two months from the date of production of certified copy of this order..
Needless to add that the order to be passed by the competent authority, as directed herein above, shall be reasoned and speaking one.
Order Date :- 2.11.2023 IrfanUddin
Digitally signed by :- IRFAN UDDIN SIDDIKI High Court of Judicature at Allahabad
2 issues framed by the court
Whether a retired Assistant Clerk is entitled to benefit of leave encashment.
Whether the petitioner's grievance regarding leave encashment should be adjudicated.
Colour shows how this judgement treated each authority
Ramesh Chandra Pachauri v. State of U.P. & OthersReferred¶7
Ramesh Chandra Pachauri v. State of U.P. & Others (Writ - A No. 51555 of 2017)
Phool Chandra Mishra & OrsReferred¶7
Phool Chandra Mishra & Ors (Writ - A No. 29685 of 2015)
Munish Kumar Tiwari
State Of U.P. And 4 Others
Ajit Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
