Neutral Citation No. - 2025:AHC:125718 Court No. - 38 Case :- WRIT - A No. - 2524 of 2019 Petitioner :- Omveer Singh Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Kalp Nath Rai Counsel for Respondent :- C.S.C.,V.K.Singh,G.K.Singh Hon'ble Donadi Ramesh,J. 1. Heard Kalp Nath Rai, learned counsel for the petitioner and learned Standing Counsel for the State respondents. 2. Present writ petition has been filed for following relief: "(i) issue a writ, order or direction in the nature of mandamus commanding the respondents to grant the earn leave benefit and C.L. Leave benefit of 86 days in favour of the petitioner in respect of the order dated 24.07.2018 passed by Regional Higher Education Officer, Meerut Region, Meerut, U.P. (ii) issue a writ, order or direction in the nature of mandamus commanding the respondents to grant/release the promotional service benefit on dated 01.07.1983 upto date with all consequential benefit of the service and also pay the 18% interest on the payable money to the payable time in favour of the petitioner." 3. Earlier, the petitioner has approached this Court by way of Writ A No. 8056 of 2018, which was disposed of vide order dated 19.3.2018 with following directions: "Heard Shri Kalpnath Rai, learned counsel for the petitioner and learned Additional Chief Standing Counsel for the State respondents. Notice need not be issued to the private respondents no. 8 & 9 in view of the order proposed to be passed. The petitioner is before this Court with request to issue direction commanding the respondents to grant 86 days' leave to him and to accord promotional benefits with effect from 1.7.1983 upto the date alongwith all consequential benefit and 18% interest. Learned counsel for the petitioner submits that the petitioner is working as Senior Clerk in 'Rashtriya Kisan Post Graduate College, Shamli, which is affiliated to Ch. Charan Singh University, Meerut and receiving grant in aid from the State Government. The petitioner applied for and availed 86 days' leave for different periods in the year 2008 but the same has not been sanctioned. Thereafter, he moved several representations before the respondents for sanction of the aforesaid leave. He has confined his prayer only to the relief that his last representation dated 25.10.2016 may be considered by the appropriate authority. Learned Additional Chief Standing Counsel for the State respondents has no objection to the said prayer. No useful purpose would be served in keeping the writ petition pending. In view of above, without expressing any opinion on the merits of the issue and considering the facts and circumstances of the case, this writ petition is disposed of with liberty to the petitioner to file fresh representation along with certified copy of this order before the competent authority, which is stated to be respondent No. 3, the Regional Higher Education officer, Meerut, who may consider the representation filed by the petitioner and decide the same in accordance with law after taking necessary comments from the Committee of Management as well as Principal of the institution in question, which have been arrayed as respondent nos.4 and 5 to the writ petition, as expeditiously as possible and preferably within a period of three months from the date of receipt of the representation." 4. Consequent to the said directions, respondents have passed orders on 24.07.2018, but the said orders were not implemented. Hence, the present writ petition. 5. After notice, Regional Higher Education Officer, Meerut has filed counter affidavit, with the following averments: "d. That as per the records made available by the college, petitioner remained absent from his duties for 141 days from academic session 1987-88 till 1993- 94. That adjusting leave applicable to the petitioner for the aforesaid period and no further leave permissible, petitioner vide enquiry report dated 12.6.1995 was recommended leave without pay for 11 days in academic session 1988-89 and 10 days in academic session 1993-94. That adjustment of 21 days earned leave (11 days for academic session 1988-89 and 10 days in academic session 1993-94) claimed by the petitioner could not be made due to non availability of any balance of earned leave (EL) for that period at that point of time. The photocopy of enquiry report dated 12.6.1995 is being marked and annexed as Annexure No. 4 to this personal affidavit. e. That as per the college authorities, for the reason of regular absence of petitioner from his duties and his unsatisfactory work and conduct as established vide report dated 12.6.1995 and the resolution of Committee of Management dated 15.7.2015, which the same in terms of G.O. dated 24.3.2015 being pre-condition for the grant of the A.C.P., the claim of the petitioner for sanction of A.C.P. is not permissible. That the photocopy of resolution of the Committee of Management dated 15.7.2015 and relevant portion of G.O. Dated 24.3.2015 are being jointly marked and annexed as Annexure No. 5 to this personal affidavit." 6. In reply to the said counter affidavit, learned counsel for the petitioner has submitted that the petitioner never absented and 60 days leave is also not adjusted. Now, the respondents again denied benefit to the petitioner. 7. Considering the averments made in the writ petition also in the counter affidavit as well as in the reply, it shows that the competent authority i.e. third respondent has not called the records from the institution while passing the orders on 24.07.2018. 8. In view of such circumstances, the matter is, once again, remitted to respondent no.3 as directed by this Court in Writ A No. 8056 of 2018, with direction to look into the matter after getting all the records from respondent nos. 4 & 5 and provide opportunity to the petitioner and pass appropriate orders, within two months from the date of receipt of certified copy of this order. 9. Accordingly, the writ petition is disposed of. Order Date :- 29.7.2025 Noman (Donadi Ramesh, J.) Digitally signed by :- NOMAN AHMAD High Court of Judicature at Allahabad Digitally signed by :- NOMAN AHMAD High Court of Judicature at Allahabad