1 Neutral Citation No. - 2025:AHC-LKO:8990 Court No. - 21 Case :- WRIT - A No. - 3287 of 2005 Petitioner :- Jagdish Singh And 3 Others Respondent :- Bahraich District Coop.Bank Ltd.Thru Chairman And Another Counsel for Petitioner :- Y.K.Mishra Counsel for Respondent :- R.P.Singh Hon'ble Manjive Shukla,J. 1. Heard Sri Y.K. Mishra, learned counsel appearing for the petitioners. 2. No one is present on behalf of the respondents. 3. Petitioners have filed this writ petition inter alia praying therein for the following relief:- “(i) To issue a writ, order or direction in the nature of mandamus commanding the respondents to provide encashment of leave to the petitioners for the year 2003-04 as has been given to the other employees of the Bank.” 4. Learned counsel appearing for the petitioners has invited attention of this Court towards the averments made in paragraph 3 of the writ petition and has submitted that under the relevant rules, the petitioners are entitled for encashment of earned leave. He has further submitted that in spite of there being categorical provision under the rules, the respondents are not allowing the petitioners to encash their earned leaves for the year 2003-2004. 5. I have considered the arguments advanced by the learned counsel appearing for the petitioners. 6. I find that the petitioners in paragraph 3 of the writ petition have demonstrated that there are regulations known as "U.P. Cooperative Societies Employees' Services Regulations, 1975" and under the said regulations, there is provision for encashment of earned leave. For ready reference, paragraph 3 of the writ petition is extracted as under:- 2 “3. That the services of the petitioners are governed under the U.P. Co-operative Societies Employees' Services Regulations, 1975, and Regulation 50 thereof provides for various kinds of leave to the employees of the Co-operative Societies, namely, (a) casual leave; (b) earned leave; (c) extra-ordinary leave; (d) medical leave; (e) study leave; and (f) maternity leave, and Regulation 50(ii) provides that 'leave will ordinarily be granted on previous written application'. Regulation 51 relates to the casual leave end Regulation 52 relates to the earned leave. Regulations 52(i) to 52 (iv) are quoted as hereunder: "52(i). The maximum amount of earned leave accruing to an employee shall be 1/11th of the employee's duty period, calculated as one day for every 11 days of duty; (ii) the maximum period of earned leave which can accumulate shall be 120 days. Not more than six weeks earned leave will ordinarily be taken at one time, but for special reasons earned leave upto 90 days may be allowed by the leave sanctioning authority; (iii) the employee on earned leave will draw leave salary equal to his average monthly pay drawn during the preceding 10 months besides dearness allowance and other allowances, if any, admissible to him; (iv) it shall be at the discretion of the appointing authority to pay salary for equal number of days of earned leave surrendered by an employee that no salary shall be given where leave left to the credit of an employee is less than 30 days on the preceding 30th June. For calculating the salary in lieu of leave, the rate of pay drawn in the month of June last shall be applied.” 7. This Court is of the view that if there is any statutory rule applicable to the petitioners which permits for encashment of earned leave, then definitely they cannot be denied the benefit of encashment of their earned leaves. 8. In view of the aforesaid reasons, this writ petition is finally disposed of with liberty to the petitioners to file a fresh representation before Respondent No.2 raising therein the entire grievance including the applicable rules within a period of two weeks. It is further provided that if such representation is filed, Respondent No.2 shall consider and decide the said representation by passing a speaking and reasoned order within a period of two months thereafter. Order Date :- 12.2.2025 Salim Digitally signed by :- SALIM PRAVEJ High Court of Judicature at Allahabad, Lucknow Bench