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2025 DAILYLAW 120419 (ALL)

P.N.O. NO. 802358327 RAM NARESH BHARTI AND 12 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. U.P. LKO AND 10 OTHERS

WRIA/1265/2025 · 2025-01-29

Alok Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:6114 Court No. - 6 Case :- WRIT - A No. - 1265 of 2025 Petitioner :- P.N.O. No. 802358327 Ram Naresh Bharti And 12 Others Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko And 10 Others Counsel for Petitioner :- Anoop Vajpayee,Atul Kumar Yadav Counsel for Respondent :- C.S.C. Hon'ble Alok Mathur,J. 1. Heard Sri Anoop Kumar Vajpayee, learned counsel for the petitioner 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 petitioner 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. Order Date :- 29.1.2025 A. Verma (Alok Mathur, J.) Digitally signed by :- ANURAG VERMA High Court of Judicature at Allahabad, Lucknow Bench