Allahabad High Court
VIRENDRAversusSTATE OF U.P. AND 2 OTHERS
- Decided
- Bench
- DINESH PATHAK
Holding
The petition is dismissed without merits, with the petitioner directed to approach the General Manager (Finance & Account) for relief.
Summary
Virendra filed a writ petition seeking a mandamus directing the State of U.P. to release his earned leave encashment of Rs.7,96,600 with interest and to consider a representation dated 11.03.2026. The respondents argued that the grievance should be addressed by the General Manager (Finance & Account) and had no objection to a direction for speedy disposal of a fresh representation. The High Court found that keeping the petition pending would serve no useful purpose and disposed of it without addressing the merits. The Court directed the petitioner to file a fresh representation before the General Manager within three weeks, attaching a certified copy of the order, and directed the respondent to decide the matter within three months. Consequently, the writ petition was dismissed and the matter was remitted to the appropriate administrative authority.
Issues considered
- What is the appropriate forum for redressing the petitioner's grievance regarding non‑payment of leave encashment?
- Whether the High Court should issue a mandamus directing the State to release the leave encashment and consider the representation?
Subjects
- leave encashment
- mandamus
- writ petition
- administrative law
- representation
- expeditious disposal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 15911 of 2026
Virendra
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Braj Bhushan Rai, Sunil Kumar-I
Counsel for Respondent(s) : C.S.C., Vivek Kumar Rai
Court No. - 32
HON'BLE DINESH PATHAK, J.
1. Heard learned counsel for the parties.
2. This writ petition has been filed seeking the following reliefs:
"I. Issue a writ, order or direction in the nature of Mandamus directing
the respondent no.2 to release the leave encashment of Rs.7,96,600/- with
interest @ 14% in favour of petitioner regarding earn leave.
II. Issue a writ, order or direction in the nature of Mandamus directing
the respondent authorities to consider and decide the representation of
petitioner dated 11.03.2026 with stipulated period.
III. Issue any other writ, order or direction in suitable nature which this
Hon'ble Court may deem fit and proper under the circumstances of the
case."
3. Sri Vivek Kumar Rai, learned counsel for the respondents no. 2 and 3 has
contended that the grievance of the present petitioner, regarding non
payment of leave encashment, can be more appropriately redressed by the
General Manager (Finance & Account) (respondent no.3) and that he has no
objection if a direction is issued for expeditious disposal of the fresh
representation, to be moved by the present petitioner, within such stipulated
period, as may be directed by this Court.
4. In this conspectus, as above, no useful purpose would be served by
keeping this matter pending. Accordingly, this Court deems it appropriate to
finally dispose of the present writ petition, without expressing any opinion
on the merits of the case, with liberty to the present petitioner to move a
fresh representation before the General Manager (Finance & Account)
WRIA No. 15911 of 2026
2
(respondent no.3) ventilating his grievances, as raised in this petition, within
a period of three weeks from today, along with a certified copy of this order
and a self attested copy of the instant writ petition, who, in turn, shall
consider and decide the same in accordance with law expeditiously,
preferably, within a period of three months from the date of production of
the same, if there is no other legal impediment.
5. With the aforesaid directions and observations, present writ petition
stands disposed of.
September 30, 2026
vkg
(Dinesh Pathak,J.)
Digitally signed by :-
VINOD KUMAR GOSWAMI
High Court of Judicature at Allahabad
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