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2025 DAILYLAW 40537 (ALL)

HIRA LAL PRAJAPATI v. STATE OF U P AND 4 OTHERS

WRIA/18504/2018 · 2025-03-04

Ajay Bhanot

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:31494 Court No. - 5 Case :- WRIT - A No. - 18504 of 2018 Petitioner :- Hira Lal Prajapati Respondent :- State Of U P And 4 Others Counsel for Petitioner :- Rahul Saxena Counsel for Respondent :- Aditiya Kumar Singh,C.S.C.,Manu Saxena Hon'ble Ajay Bhanot,J. Heard Shri Rahul Saxena, learned counsel for the petitioner and Shri Aditya Kumar Singh, learned counsel for the respondents. The petitioner is aggrieved by deduction of Rs. 1 lakh from his leave encashment. According to the respondent the deductions were made pursuant to the orders passed by State Information Commission dated 22.11.2013, 25.08.2014 and 05.07.2015. As per the aforesaid directions the amount of Rs. 25,000/- each (totaling Rs. 1 lakh) were to be recovered from the salary of the petitioner in equal installments. The petitioner had superannuated on 31.07.2012. However, the cases were instituted in the year 2013 i.e. after his superannuation. Even as per orders of the State Information Commission, the recovery has to be made from the salary not from leave encashment. Withholding of leave encashment is unsustainable in law. The respondents are directed to release the aforesaid amount forthwith to the petitioner. With the aforesaid directions the writ petition is disposed of. Order Date :- 5.3.2025 Dhananjai Digitally signed by :- DHANANJAI High Court of Judicature at Allahabad Digitally signed by :- DHANANJAI High Court of Judicature at Allahabad Digitally signed by :- DHANANJAI High Court of Judicature at Allahabad