Allahabad High Court
VINOD KUMAR SHARMAversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- PRAKASH PADIA
Holding
The order rejecting the petitioner's leave‑encashment claim is unlawful and must be set aside, and a fresh order granting the benefit as per the Ganesh Prasad Tiwari precedent is required.
Summary
Vinod Kumar Sharma filed a writ petition challenging the Commissioner of Rural Development, U.P.'s order dated 22‑12‑2025 which denied his claim for leave encashment for 150 days. The petitioner relied on the earlier decision of this Court in Ganesh Prasad Tiwari v. State of U.P. (Writ A No. 12721 of 2024) and on the judgment in Suresh Chandra Asthana v. State of U.P. (Writ A No. 2770 of 2026). The Court observed that the controversy was identical to the Ganesh Prasad Tiwari case and that the earlier precedent entitled the petitioner to the leave encashment benefit. Consequently, the order dated 22‑12‑2025 was quashed and the writ petition was allowed. The Respondent was directed to issue a fresh order granting the petitioner the benefit of the Ganesh Prasad Tiwari judgment within six weeks of receiving the certified copy of this order.
Issues considered
- Whether the order of the Commissioner rejecting the petitioner's claim for leave encashment is legally valid.
- Whether the petitioner is entitled to leave encashment under the precedent set by Ganesh Prasad Tiwari v. State of U.P.
Subjects
- leave encashment
- service law
- writ petition
- quashing order
- administrative law
- precedent
- Uttar Pradesh
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 7251 of 2026
Vinod Kumar Sharma
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Anshu Chaudhary
Counsel for Respondent(s) : C.S.C.
Court No. - 6
HON'BLE PRAKASH PADIA, J.
1. Order dated 22.12.2025 passed by the Respondent No.2 namely
Commissioner, Rural Development U.P. Jawahar Bhawan, Lucknow
whereby the claim of the petitioner for payment of leave encashment for
150 days was rejected.
2. It is argued that identical controversy has already been decided by the
Coordinate Bench of this Court in Writ A No. 12721 of 2024 (Ganesh
Prasad Tiwari vs. State of U.P. and 3 others). Counsel for the petitioner
placed reliance upon the judgment and order dated 16.04.2026 passed by
this Court in Writ A No.2770 of 2026 (Suresh Chandra Asthana vs. State
of U.P. and 4 Others).
3. In this view of the matter, order passed by the Respondent No.2 dated
22.12.2025 is liable to be set aside and is hereby quashed.
4. The writ petition is allowed.
5. The Respondent No.2 is directed to pass fresh order after providing
benefit of the judgment of Ganesh Prasad Tiwari (Supra) to the petitioner
within a period of six weeks from the date of receipt of certified copy of
this order.
(Prakash Padia,J.)
May 14, 2026
Swati
Digitally signed by :-
SWATI PATHAK
High Court of Judicature at Allahabad
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