Court No. - 36
Case :- WRIT - A No. - 11401 of 2019 Petitioner :- Nandu Dubey Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Ajai Kumar Singh Kushwaha Counsel for Respondent :- C.S.C. Hon'ble Mrs. Sunita Agarwal,J. Heard learned counsel for the parties.
It is the case of the petitioner that he was appointed as Fisheries Extension Assistant in Matsya Palak Vikas Abhikaran, Ghazipur on 18.1.1984 by the President of Fish Farmers Development Agency and retired from service on 30.4.2019.
Learned counsel for the petitioner submitted that the Fish Farmers Development Agency is governed by various Government Orders issued by the State and Central Government relating to conditions of service of employees thereof. The employees like the petitioner were not being given leave encashment dues of 300 days and some similar employees like the petitioner filed Writ A No.33680 of 2016 (Kishwar Ali vs. State of U.P. and 3 others) which was allowed by this Court on 4.1.2018. State of U.P. filed Special Appeal Defective No.396 of 2018 (State of U.P. and 3 others vs. Kishwar Ali) against the order passed by Hon'ble Single Judge of this High Court.
The Division Bench of this Court dismissed the Special Appeal. The SLP filed against such dismissal, namely, SLP No. 28129 of 2018 has also been dismissed by the Supreme Court on 22.11.2018.
Therefore, a mandamus be issued to the respondents to extend the benefit of the judgment rendered in Kishwar Ali's (supra) case to the petitioner as well. This Court finds that the petitioner has made representation after the decision in Kishwar Ali attained finality.
Therefore, this writ petition is disposed of with a direction to the respondents to consider the petitioner's representation, in accordance with law, and appropriate orders be passed thereon for payment of leave encashment within the period of three months from the date of production of certified copy of this order.
Order Date :- 25.7.2019 Brijesh