Case :- WRIT - A No. - 9046 of 2021 Petitioner :- Saroj Yadav Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Indresh Kumar Mishra Counsel for Respondent :- C.S.C.,Uday Pratap Singh
Hon'ble Yashwant Varma,J.
Heard learned counsel for parties.
It is not disputed inter partes that the issue with respect to the entitlement of the petitioner to leave encashment stands settled in light of the decision rendered by a Division Bench in Dr.
M.P. Gupta Vs. State of U.P. And Others [Writ -A No. 5193 of 2012, decided on 19 April 2016]. The Court is apprised that the Special Leave Petition which was taken by the respondents against the aforesaid judgment also came to be dismissed on 29 September 2016.
The only issue which now remains and stands raised in the present writ petition is with respect to the entitlement of the petitioner to the grant of interest on account of delayed disbursal. The record reflects that the husband of the petitioner died while serving under the respondents in 2012. However, the prayer for release of leave encashment came to be made only in 2017 and evidently in light of the decision rendered in Dr. M.P. Gupta. In view of the aforesaid, the Court is of the opinion that the entitlement of interest would have to be evaluated only for the period post 2017 [and more particularly from the date when the application for leave encashment dues was made] till the date when the leave encashment dues were ultimately released. That entitlement shall be considered by the respondents 2 and 3 bearing in mind the judgment of the Court rendered in Yogendra Singh And Others Vs. State of U.P. And Others, Sri Udai Pratap Singh, learned counsel representing the second respondent states that a final decision in respect of the aforenoted claim shall be taken and communicated with expedition and preferably within a period of two months from today.
Petition stands disposed of.
Order Date :- 12.8.2021 Arun K. Singh