Court No. - 28
Case :- WRIT - A No. - 2866 of 2019 Petitioner :- Vinod Kumar Upadhyay Respondent :- State Of U.P. Through The Secretary Cooperative Department, Lucknow And 3 Others Counsel for Petitioner :- Anand Prakash Srivastava Counsel for Respondent :- C.S.C.,Ajeet Kumar Singh
Hon'ble Rohit Ranjan Agarwal,J.
Heard Sri Anand Prakash Srivastava, learned Counsel for the petitioner, learned Standing Counsel for respondent no.1 and Sri Ajeet Kumar Singh, learned Counsel for respondent nos.2 to 4.
The petitioner is retired employee of District Cooperative Bank Limited, Varanasi and is aggrieved by inaction of the respondents in not paying the leave encashment amount.
It is contended that the petitioner has honourably retired and there is no dues against him, even then the leave encashment amount is being withheld. Learned counsel for the petitioner has also submitted that in identical circumstances Writ-A No. 1614 of 2018 (Kaushal Kumar Rai and others Vs. State of U.P. and others) was filed, which was entertained and an interim mandamus was issued directing the respondents either to release the amount within one month or to show cause. Learned counsel for the petitioner submits that in the case of those petitioners the amount has been released but in the petitioners' case the authorities are sitting tight.
Having heard learned counsel for the parties, the writ petition is disposed of with the liberty to the petitioner to file an application before Secretary/Chief Executive Officer, District Cooperative Bank Ltd., Varanasi along with certified copy of the order of this Court for redressal of their grievances. In case such application is filed, needful be done by passing a reasoned speaking order within six weeks from the date of receipt of the applications.
It is also observed that while taking decision in case the respondents find that the petitioner is entitled for the payment of leave encashment, the same may be released to him within a further period of three months along with 6% interest from the date of entitlement. In case it is found that the petitioner is not entitled for the same, reasons be recorded in the form of a detailed order.
Order Date :- 22.2.2019 S.Singh