RADHE SHYAM SAINI and ORS. v. STATE OF U.P. THRU. PRIN. SECY. DAIRY DEPTT. LKO. and ORS.
WRIA/18824/2021 · 2025-11-25
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 182577 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 182577 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 18824 of 2021 Court No. - 18 HON'BLE SHREE PRAKASH SINGH, J. Heard learned counsel for the petitioners, learned counsel for the opposite parties and perused the records. The present writ petition has been filed with the following main relief:-
"i) to issue a writ, order or direction in the nature of Mandamus commanding respondents to revise amounts of Ex Gratia and Encashment of earned Leaves as admissible to employees on opting for VRS taking into account the revised salary after fixation of time scale benefits in pursuance of the order dated 24.10.2019 of Managing Director, Pradeshik Cooperative Dairy Federation Limited, Lucknow as contained in Annexure No.1 to the writ petition and release the same along with interest accrued thereon forthwith." Contention of learned counsel for the petitioners is that the petitioners are the retired employees of the Pradeshik Cooperative Dairy Federation Ltd., Lucknow and they have not been paid the revised amount of Ex. Gratia and Encashment of earned leave, who opted V.R.S. He submitted that as per the order dated 24-10-2019, the time scale benefits have also not been fixed. He further submitted that even after filing of this writ petition in the year 2022, no decision has been taken as yet. He submitted that the Managing Director,Pradeshik Cooperative Dairy Federation Ltd., Lucknow may be directed to take a decision regarding payment of Ex. Gratia and Encashment of earned leave, as admissible to the petitioners Versus Counsel for Petitioner(s) : Manushresth Misra Counsel for Respondent(s) : C.S.C., Pankaj Patel Radhe Shyam Saini And Ors. .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Dairy Deptt. Lko. And Ors. .....Respondent(s)
vide fixing the time scale benefits in pursuant to the government order dated 24-10-2019. He further submits that though the time scale benefits have been fixed rightly, but, in pursuant thereof, the dues payable to the petitioners of Ex. Gratia and Encashment of earned leave, have not been paid as yet. He added that the case of the present petitioners is squarely covered with the ratio of the Judgment and Order dated 08-07-2024 passed in Writ A No. 2113 of 2024, Virendra Kumar And Others Vs State of U.P. and Others as well as the Judgment and Order dated 06-12-2023 passed in Special Appeal Defective No. 921 of 2023, Pradeshik Co-operative Dairy Federation Ltd. Thru.
Managing Director And Another Vs Virendra Kumar and 32 Others. On the other hand, learned counsel for the opposite parties submits that the claim of the petitioners would be considered within the time as fixed by this court. Be that as it may, the petitioners shall raise their grievance regarding the payment of Ex. Gratia and Encashment of earned leave, as is payable to them within the period of seven days and on such claim made by the petitioners,the Managing Director,Pradeshik Cooperative Dairy Federation Ltd., Lucknow is directed to consider and decide the same within further period of six weeks. He shall also examine the matter in the light of the Judgments as referred hereinabove. With the aforesaid observations, the instant writ petition is disposed of. November 25, 2025 AKS WRIA No. 18824 of 2021 2 (Shree Prakash Singh,J.) Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench