MADHAV PRASAD VERMA v. STATE OF U.P. THRU PRIN.SECY.RURAL DEVELOPMENT LUCKNOW andORS.
WRIA/15798/2016 · 2025-11-26
Special Leave Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 173138 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 173138 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 15798 of 2016 Court No. - 18 HON'BLE SHREE PRAKASH SINGH, J. Heard learned counsel for the petitioner and Mr. Pradeep Kumar Singh, learned Additional Chief Standing Counsel for the State. Present petition has been filed with the following prayer:-
"1-Issue a writ order or direction in the nature of mandamus commanding the opposite parties no. 2 and 3 to make payment of amount of Leave Encashment to the petitioner for the period the petitioner is having leave in his leave account.
2-Issue a writ order or direction in the nature of mandamus commanding the opposite parties no. 2 and 3 to pay interest @ 12% p.a. on the amount of Leave Encashment to the petitioner w.e.f. 1-9-2014 till the date of actual payment."
Learned counsel for the petitioner submitted that the sole petitioner Madhav Prasad Verma died on 13.2.2018 during the pendency of the present writ petition and his legal heirs, who are the sons and his wife, have been substituted in his place.
Learned counsel for the petitioners further submitted that the issue with respect to payment of leave encashment has been settled in the case of Ganesh Prasad Tiwari Vs. State of U.P. through Principal Secretary Rural Development Department U.P. Lucknow & three others (Neutral Citation No.2025:AHC-LKO:4383). Against the aforesaid order, the special appeal as well as the SLP was also dismissed and therefore, law is Versus Counsel for Petitioner(s) : Vijay Kumar Srivastava, Vijay Kumar Srivastava Counsel for Respondent(s) : C.S.C. Madhav Prasad Verma .....Petitioner(s) State Of U.P. Thru Prin.Secy.Rural Development Lucknow Andors. .....Respondent(s)
settled in Ganesh Prasad Tiwari (supra). He submits that the case of the petitioner may be decided in the light of Judgement and order passed in Ganesh Prasad Tiwari (supra). Be that as it may, without entering into merits of the case, the petitioners are given liberty to move fresh representation before the respondent no.2 /Commissioner, Rural Development, U.P. Lucknow within fifteen days and in case such representation is moved, the respondent no.2 is directed to consider and decide the same in accordance with law, within further period of two months. Needless to say that in case the petitioners is found entitled for payment of leave encashment, the same shall be paid to him forthwith. With the aforesaid observations, the writ petition is disposed of. November 26, 2025 Ram Murti WRIA No. 15798 of 2016 2 (Shree Prakash Singh,J.) Digitally signed by :- RAM MURTI YADAV High Court of Judicature at Allahabad, Lucknow Bench