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2025 DAILYLAW 180383 (ALL)

RADHEYSHYAM PANDEY AND 11 ORS. v. STATE OF U.P. THRU SECY.BASIC EDU.GOVT. OF UP LKO. and OTHERS

WRIA/6791/2017 · 2025-10-30

Shree Prakash Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 6791 of 2017 Court No. - 18 HON'BLE SHREE PRAKASH SINGH, J. Heard Sri Satish Chandra Verma, Advocate, holding brief of Sri Surya Kumar, learned counsel for the petitioners, learned counsel for the State and perused the record. Instant writ petition has been filed with the following main reliefs:- "I) Issue a writ, order or direction in the nature of mandamus commanding the respondents to provide the facility of the leave encashment to the petitioners within specific period. II) Issue a writ, order or direction in the nature of mandamus commanding the respondents to approve the resolution of the respondent No. 4 dated 24.02.2006 relating to the payment of leave encashment after attaining the age of 60 years within specific period as fix by the Hon'ble Court." Contention of learned counsel for the petitioners is that the petitioners have been retired from service and the leave encashment for the specific period, has not been paid to them. He submits that the case of the present petitioners is identical to the case of one, Ori Lal, who filed Writ Petition No. 199 (S/S)of 2017 before this court, which was decided vide Judgment and Order dated 06-01-2017. He further submits that the interest of justice would be sub-served if the claim of the present petitioners is considered and decided in the light of the Judgment and Order dated 06-01-2017 passed in the case of Ori Lal (Supra). Learned counsel for the opposite parties have no objection to the contentions aforesaid. Versus Counsel for Petitioner(s) : Surya Kumar Counsel for Respondent(s) : C.S.C., C.B. Singh Radheyshyam Pandey And 11 Ors. .....Petitioner(s) State Of U.P. Thru Secy.Basic Edu.Govt. Of Up Lko. And Others .....Respondent(s) Be that as it may, without entering into the merits of the case, the opposite party no. 5/District Basic Education Officer, Balrampur; is hereby directed to consider and decide the claim of the petitioners in the light of the Judgment and order dated 06-01-2017 passed in the case of Ori Lal(Supra) (Service Single No. 199 of 2017) within the period of two months, in accordance with law, from the date a certified copy of this order is produced before him. With the aforesaid observations, the writ petition is hereby disposed of. October 30, 2025 AKS WRIA No. 6791 of 2017 2 (Shree Prakash Singh,J.) Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench