Anurag Verma Vs State of U.P. Thru. Addl. Chief Secy. Rural Development Deptt. Lko. and 2 Others — Allahabad HC (2025) — LawSathi Research

Anurag Verma Vs State of U.P. Thru. Addl. Chief Secy. Rural Development Deptt. Lko. and 2 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to the petitioner to file a fresh representation to respondent No.2 within two weeks; such representation to be considered and decided in accordance with law by a reasoned and speaking order within four weeks of submission, along with a copy of the court's order; upon a finding of entitlement, leave encashment to be paid without further delay; petitioner left free to claim interest on the delayed payment in his representation to respondent No.2.

Issue for consideration

Whether the respondent authorities must pay the petitioner leave encashment for 176 days due since 1.7.2024, for which a writ of mandamus was sought against respondent No.1. +1 more

Court's answer

The petition is finally disposed of, with liberty to the petitioner to file a fresh representation to respondent No.2 within two weeks.

Ratio / Principle

If the representation is preferred within the stated period, it shall be considered and decided in accordance with law by passing a reasoned and speaking order within four weeks of submission of the representation along with a copy of this order.

Key takeaways

If, in the course of decision-making, respondent No.2 concludes that the petitioner is entitled to payment of leave encashment, the same shall be paid without any further delay.ratio¶12
As the petitioner has already retired (on 30.6.2024), it shall be open to him to claim interest on the delayed payment of the leave encashment amount while representing respondent No.2; the court did not itself direct payment of interest or fix a rate.ratio¶13

Detailed headnote1 paragraphs

Leave encashment arrears — Writ petition (WRIT - A No. 4058 of 2025, Neutral Citation 2025:AHC-LKO:22790) by Anurag Verma, who retired on 30.6.2024, seeking mandamus for payment of leave encashment for 176 days due since 1.7.2024 together with interest @ 10% per annum — Respondent's written instructions disclosed that the relevant record for calculating earned leave was unavailable, hence the leave encashment amount could not be computed — Court (Karunesh Singh Pawar, J.) disposed of the petition with liberty to file a fresh representation to respondent No.2 within two weeks — Representation to be considered and decided in accordance with law by a reasoned and speaking order within four weeks — If found entitled, payment without further delay — Petitioner free to claim interest on delayed payment while representing respondent No.2.

Neutral Citation No. - 2025:AHC-LKO:22790

Court No. - 18

Case :- WRIT - A No. - 4058 of 2025

Petitioner :- Anurag Verma Respondent :- State Of U.P. Thru. Addl. Chief Secy. Rural Development Deptt. Lko. And 2 Others Counsel for Petitioner :- Vijay Kumar Srivastava Counsel for Respondent :- C.S.C.

Hon'ble Karunesh Singh Pawar,J.

1. Heard learned counsel for the petitioner(s) and learned Addl. Chief Standing Counsel who has accepted notice on behalf of respondents.

2. By means of this writ petition, the petitioner has prayed for issuance of a writ of mandamus directing respondent No.1 to make payment of leave encashment to the petitioner for 176 days which is due to be paid since 1.7.2024 with a further direction to respondents to pay interest @ 10% per annum on the amount of leave encashment, due to be paid since 1.7.2024 till the date of actual payment.

3. Learned Addl. Chief Standing counsel in compliance of earlier order dated 15.4.2025 passed by this court has provided written instructions which are taken on record.

A perusal of the written instructions shows that relevant record for calculating earned leave was not found available, hence, leave encashment amount could not be computed. It is submitted that the decision on petitioner's claim for sanctioning leave encashment after removing defect shall be taken soon.

4. In view of the above, the petition is finally

disposed of with liberty to the petitioner to file a fresh representation to the respondent No.2 within two weeks from today. In case such a representation is preferred by the petitioner within the aforesaid period, the same shall be considered and decided in accordance with law, by passing a reasoned and speaking order within four weeks from the date of submission of representation along with a copy of this order.

In case during the course of decision making process, the respondent No.2 comes to the conclusion that the petitioner is entitled for payment of leave encashment, the same shall be paid to him, without any further delay.

As the petitioner has already retired on 30.6.2024, it shall be open for him to claim for the interest on the delayed payment of leave encashment amount, while representing the respondent No.2.

Order Date :- 22.4.2025 kkb/

Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench