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Dr Aditya Kumar vs State Of U P And Another

High Court Of Judicature at Allahabad|21 February, 2019


Court No. - 58
Case :- WRIT - A No. - 2754 of 2019 Petitioner :- Dr. Aditya Kumar Respondent :- State Of U.P. And Another Counsel for Petitioner :- Siya Ram Yadav,Vipin Chandra Pal Counsel for Respondent :- C.S.C.,Uday Pratap Singh
Hon'ble Ashwani Kumar Mishra,J.
Petitioner has retired as a Professor from 'Pandit Deen Dayal Upadhyay Pashu Chikitsa Vigyan Vishwavidyalaya Evam Gau Anusandhan Sansthan, Mathura' on 11.11.2009. Grievance of the petitioner is that though leave encashment became due and payable since 2005 in the university but the amount has not been paid to the petitioner so far. Attention of the Court has been invited to an order passed by the University on 24.5.2010, whereby leave encashment for a period of 300 days has also been sanctioned.
It appears that there was some issue with regard to the entitlement of persons to receive the amount and the matter was brought to this Court in Writ Petition No. 5193 of 2012. This Court after hearing the parties, issued a direction for consideration of such claim, whereupon, the amount has been paid to some of the persons. Subsequent Writ Petition No. 2387 of 2018 ( Dr. V.P. Pathak Vs. State of U.P. and others) has also been disposed of with the same directions.
Sri U.P. Singh, learned counsel appearing for the Respondent- University submits that the claim of the petitioner shall also be examined, in accordance with law, and an appropriate decision would be taken by the authority concerned.
Considering the facts and circumstances, noticed above, this writ petition stands disposed of with a direction upon the respondent no.1 to accord consideration to petitioner's claim, keeping in view the observations made by this Court in in Writ Petition No. 5193 of 2012 as also in Writ Petition No. 2387 of 2018. The required consideration would be made within a period of three months from the date of presentation of certified copy of this order. The amount which is found due and payable to the petitioner, shall be released within a further period of six weeks thereafter.
Order Date :- 21.2.2019 n.u.
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Dr Aditya Kumar vs State Of U P And Another


High Court Of Judicature at Allahabad

21 February, 2019
  • Ashwani Kumar Mishra
  • Siya Ram Yadav Vipin Chandra Pal