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2025 DAILYLAW 142662 (ALL)

RAJENDRA KUMAR TEWARI v. STATE OF U.P. THRU. SECY. FOREST DEPT. LKO. and ORS.

WRIA/25707/2021 · 2025-02-10

Abdul Moin

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:8449 Court No. - 5 Case :- WRIT - A No. - 25707 of 2021 Petitioner :- Rajendra Kumar Tewari Respondent :- State Of U.P. Thru. Secy. Forest Dept. Lko. And Ors. Counsel for Petitioner :- Alok Singh,Ratnam Khare Counsel for Respondent :- C.S.C.,Lakshmipat Shukla Hon'ble Abdul Moin,J. Heard learned counsel for the petitioner, Shri Udai Pratap Singh, learned Standing counsel appearing on behalf of respondent No.1 and Shri Ravi Kant Shukla, Advocate holding brief of Shri Lakhmipat Shukla, learned counsel appearing on behalf of respondents No.2 to 4. There is a consensus at Bar that the matter in issue is squarely covered by the judgment of this Court passed in Writ A No.2197 of 2022 in Re: Vinod Kumar vs. State of U.P. and 3 Others decided on 21.04.2022 and it is prayed that the petitioner may also be given the benefit of the aforesaid judgment. Considering the aforesaid consensus, the writ petition is allowed. The orders impugned dated 12.10.2021 and 13.09.2021, copies of which are annexure Nos.1 & 2 to the petition respectively, so far as they withhold the amount of Rs.3,74,033/- from the leave encashment of the petitioner, are quashed. The petitioner shall be paid the leave encashment, as admissible to him, as per rules within two months from the date of receipt of a certified copy of this order. It shall be open for the respondent(s)-Corporation to initiate proceedings in accordance with law for recovery of the alleged amount due from the petitioner, if otherwise permissible under any provision. Order Date :- 10.2.2025 S. Shivhare Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench