Dismissed

U.O.I. Thru. the Chief Post Master General, Lko. and 2 Others v. Shiv Balak

Allahabad HC18 Apr 2025WRIA/4193/2025

Case brief

AI extract

What is this about?

Leave encashment; maximum period 300 days; CCS (Leave) Rules; retiral benefits; pension entitlement; Central Administrative Tribunal Lucknow Bench; O.A. No. 332/00357/2022; O.A. No. 62 of 2018; Articles 226 and 227 Constitution; judicial review of tribunal order; termination/resignation exceptions; Union of India Posts Chief Post Master General Lucknow; Shiv Balak; writ petition dismissed; High Co

What the court decided

AI extract

U.O.I. Thru. the Chief Post Master General, Lko… — Writ and Judicial Review | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC-LKO:22083-DB

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Court No. - 1

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Case :- WRIT - A No. - 4193 of 2025

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Petitioner :- U.O.I. Thru. The Chief Post Master General, Lko. And 2 Others Respondent :- Shiv Balak

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Counsel for Petitioner :- Varun Pandey

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Hon'ble Attau Rahman Masoodi,J. Hon'ble Ajai Kumar Srivastava-I,J.

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Heard Shri Varun Kumar Pandey, learned counsel for the petitioners.

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The present writ petition arising out of the judgment/order rendered by the Central Administrative Tribunal, Lucknow Bench in Original Application No.332/00357/2022 on 02.08.2024 whereby the leave encashment as claimed by the respondent for a maximum period of 300 days has been allowed.

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Interestingly, pensionary benefits allowed in favour of the respondent are complied with in view of the judgment/order rendered in O.A. No.62 of 2018 of which a reference has been made in paragraph 3 of the impugned judgment itself. This apart, learned Tribunal while adjudicating upon the claim as regards leave encashment has specifically referred to the relevant rules of CCS (Leave) Rules in paragraph 9. Keeping in mind the relevant Rules, the Tribunal has held that leave encashment being a component of retiral benefits would be payable to the respondent irrespective of the fact that he was entitled to pension or not. The limited benefit prescribed under the statutory rules in the nature of leave encashment cannot be denied once it is established that he has served in the department for a long time.

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It is also relevant to note that it is not the case before us that the respondent had either been terminated from service or had otherwise quit the service for any reason which are two exceptions impeding the payment of leave encashment.

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The reasoning assigned in the judgment/order impugned herein does not suffer from any error or illegality for inference by this Court in exercise of the power under Articles 226 and 227 of the Constitution of India.

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The writ petition bereft of any merit is accordingly dismissed.

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[Ajai Kumar Srivastava-I, J.] [Attau Rahman Masoodi, J.] Order Date :- 18.4.2025 akhilesh/-

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

U.O.I. Thru. the Chief Post Master General, Lko. and 2 Others v. Shiv Balak

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U.O.I. Thru. the Chief Post Master General, Lko. and 2 Others v. Shiv Balak

Case brief

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