KAUSHAL KISHORE MISHRA AND 9 OTHERS v. STATE OF U.P. THRU. ITS ADDL. CHIEF SECY. HOME LKO. AND 8 OTHERS
WRIA/1341/2025 · 2025-01-30
Alok Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 120105 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 120105 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:6546 Court No. - 6 Case :- WRIT - A No. - 1341 of 2025 Petitioner :- Kaushal Kishore Mishra And 9 Others Respondent :- State Of U.P. Thru. Its Addl. Chief Secy. Home Lko. And 8 Others Counsel for Petitioner :- Anuj Pandey Counsel for Respondent :- C.S.C. Hon'ble Alok Mathur,J.
1. Heard learned counsel for the petitioners as well as learned Standing Counsel for he respondents.
2. All the petitioners in the present writ petition are retired employees of the Police department and have been granted all the post retiral dues after their superannuation.
3. The grievance raised by the petitioners in the present writ petition is with regard to grant of Earned Leave beyond 300 days. Basis of claim made by the petitioners in the present writ petition is the judgment of Punjab and Haryana High Court rendered in the case of Jaipal Phogat and Another Vs. State of Haryana and Others (Civil Writ Petition No. 13702 of 2014). In the writ petition it has been stated that all the petitioners during their service period had accumulated more than 300 days of earned leave while only 300 days leave encashment was granted to the petitioners on their superannuation and accordingly, prayer for grant of leave encashment of the entire days of leave which were in their leave account.
4. Learned Standing Counsel on the other hand has opposed the writ petition. He has submitted that as per provisions of Fundamental Rules Volume 2 to 4, leave can be encashed for maximum period of 300 days, and prays for dismissal of the
writ petition.
5. Heard learned counsel for the parties and perused the record.
6. Even in the writ petition, it has been stated that petitioners have been paid leave encashment of 300 days and no provision has been demonstrated or existing providing encashment of leave beyond 300 days. The petitioners also could not demonstrate any rule or law on the basis of which the petitioner have claimed encashment beyond 300 days.
7. In absence of any material, prayer made by the petitioners cannot be granted. The writ petition being devoid of merits is dismissed. . (Alok Mathur, J.) Order Date :- 30.1.2025 Virendra Digitally signed by :- VIRENDRA KUMAR GUPTA High Court of Judicature at Allahabad, Lucknow Bench