JAVED MIRZA v. U.P. CO-OPERATIVE FEDERATION LTD.,LUCKNOW THRU. ITS MANAGING DIRECTOR AND ANOTHER
WRIA/7933/2025 · 2025-08-21
Abdul Moin
body2025
DailyLaw.ai
[ 2025 DAILYLAW 152815 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 152815 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:49010 Court No. - 4 Case :- WRIT - A No. - 7933 of 2025 Petitioner :- Javed Mirza Respondent :- U.P. Co-Operative Federation Ltd.,Lucknow Thru. Its Managing Director And Another Counsel for Petitioner :- Shishir Chandra Counsel for Respondent :- Shireesh Kumar,Anindya Shastri Hon'ble Abdul Moin,J.
1. Heard learned counsel for the petitioner and Shri Anindya Shastri, learned counsel for the respondents.
2. With the consent of learned counsel for the parties the writ petition is being finally decided.
3. Present petition has been filed by the petitioner alleging that despite the petitioner having retired, the leave encashment benefit to which the petitioner is entitled has not been paid.
4. Learned counsel for the respondent, on instructions, argues that certain audit objections were existing against the petitioner which were not removed, as such, the amount of leave encashment has not been paid to the petitioner.
5. There is no statutory provision shown at the bar entitling respondents to withhold the leave encashment benefit.
6. Considering the fact that there is no statutory powers vested with the respondents to withhold the payment of leave encashment benefits, the action of the respondents in withholding the benefits is clearly arbitrary and contrary to mandate of Article 300A of the Constitution of India.
7. The writ petition is allowed.
8. Respondents are directed to pay the leave encashment benefits to the petitioner alongwith interest at the rate of 7% per annum from the date of retirement till actual payment/realisation within a period of three months from the date of submission of a certified copy of this order.
9. As regards non-payment of security deposit, it would be open for the petitioner to submit a comprehensive representation to respondent no. 2 i.e. the Managing Director, Provincial Co-
operative Federation of U.P., Lucknow for his claim, who will consider the grievance of the petitioner within the aforesaid time period and pass a reasoned and speaking order in accordance with law and relevant rules. Order Date :- 21.8.2025 A. Katiyar Digitally signed by :- AMIT KATIYAR High Court of Judicature at Allahabad, Lucknow Bench