Court No. - 36
Case :- WRIT - A No. - 12832 of 2018 Petitioner :- Kanhai Singh And 3 Others Respondent :- State Of U.P. And Another Counsel for Petitioner :- Dilip Kumar Singh Counsel for Respondent :- C.S.C.
Hon'ble Mrs. Sunita Agarwal,J.
One writ petition has been filed by four petitioners, cause of action with respect to whom, has arisen on different dates.
This Court is, therefore, of the view that the petitioners cannot be permitted to file one writ petition.
However, on a request made by the learned counsel for the petitioners, the present writ petition is being maintained only on behalf of the petitioner no. 3 namely Harpal Singh.
The Computer Section is, therefore, directed to make corrections in the Cause Title of the writ petition after receipt of this order.
Insofar as the remaining three petitioners are concerned, they are permitted to file separate writ petitions bringing on record their specific claim with regard to payment of leave encashment.
Insofar as the petitioner no. 3 i.e. Harpal Singh is concerned, it is contended that he has retired on 31.1.2018 from the post of the Administrative Officer in the office of the Collectorate, Muzaffar Nagar.
It is contended that after retirement, all other retiral dues of the petitioner have been paid by respondent no. 2 but full payment towards leave encashment has not been made. Submission is that the petitioner no. 3 i.e. Harpal Singh has to his credit the leave sanctioned by the competent authority and therefore, he is entitled for leave encashment for the period between the year 2009 to January, 2018.
Further submission is that the earned leave has not been duly credited in the account of the petitioner.
In view of the said submission, this Court is of the view that the matter is required to be examined at the ends of the respondent no. 2.
The present writ petition is, therefore, disposed of with respect to the petitioner no. 3 namely Harpal Singh whose claim is to be examined by the respondent no. 2, the District Magistrate, Muzaffar Nagar, after perusal of the service records and a final decision is to be taken, preferably, within a period of one month from the date of submission of certified copy of this order.
Insofar as the other petitioners are concerned, the writ petition is dismissed as withdrawn with liberty as aforesaid.
Order Date :- 28.5.2018 Brijesh