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Allahabad High Court

PROF. RAVI PRASAD SRIVASTAVAversusSTATE OF U.P. AND 4 OTHERS

Decided

Holding

The court held that the petitioner must first file a fresh application before the respondent, who must then decide the claim within a stipulated period, and therefore the writ relief was not granted.

Summary

Prof. Ravi Prasad Srivastava, a government employee, filed a writ petition seeking a court order directing the Director of Education (Higher Education), U.P., to sanction his gratuity and encashment of 79 days of earned leave. He relied on the Supreme Court judgment in Avdhesh Kumar Singh v. State of U.P. (Civil Appeal No. 005602 of 2024) to support his claim. The State contended that the petitioner must first file a fresh application before the competent authority. The Allahabad High Court, after hearing counsel, declined to grant the writ relief and instead directed the petitioner to make a fresh representation within three weeks, and the respondent to decide the claim within six weeks, issuing a reasoned order. Consequently, the petition was disposed without any substantive order on the gratuity and leave encashment claim.

Issues considered

  • Whether the respondent authority is obligated to sanction gratuity and earned‑leave encashment without a fresh application by the petitioner.
  • Whether the writ petition is maintainable in light of the Supreme Court decision in Avdhesh Kumar Singh v. State of U.P.
  • Whether the court can prescribe a time‑bound procedure for the authority to consider and decide the claim.

Subjects

  • gratuity
  • earned leave encashment
  • writ petition
  • administrative law
  • direction
  • fresh application
  • higher education director
  • Uttar Pradesh

Judgment

             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                   WRIT - A No. - 7262 of 2026

Prof. Ravi Prasad Srivastava
                                                                                   .....Petitioner(s)
                                                  Versus

State Of U.P. And 4 Others
                                                                                .....Respondent(s)

Counsel for Petitioner(s)                           :     Siddharth Khare, Sr. Advocate
Counsel for Respondent(s)                           :     C.S.C.

Court No. - 52
                  HON'BLE MRS. MANJU RANI CHAUHAN, J.

Heard learned counsel for the petitioner, learned Standing Counsel for the
State-respondent and perused the record.

The present writ petition has been filed inter-alia for the following
reliefs:-

"i) A writ, order or direction of suitable nature commanding the respondent no.2 to forthwith sanction

gratuity and encashment of outstanding Earned Leave to the petitioner within the period to be specified

by this Hon'ble Court.


ii) A writ, order or direction of suitable nature commanding the respondents to disburse to the petitioner

total amount of Gratuity and Encashment of outstanding Earned Leave for 79 days forthwith;


iii) any other relief as this Hon'ble Court may deem fit and proper in the facts and circumstances of the

case'


iv) Award cost of the writ petition to the petitioner."


Learned counsel for the petitioner submits that the grievance of the
petitioner regarding the sanction of gratuity and the encashment of
outstanding Earned Leave is still pending consideration before
Respondent No.2. Therefore, a direction may be issued to Respondent
No.2 to decide the petitioner’s claim within a stipulated period.

Learned counsel for the petitioner further submits that the petitioner is
entitled to the aforesaid payment in view of the law laid down by the
                                                                                            WRIA No. 7262 of 2026
                                                                   2


                                    Apex Court in the case of Avdhesh Kumar Singh and Others vs. State
                                    of U.P. and Others, decided on 30.04.2024 passed in Civil Appeal
                                    No.005602 of 2024 (Special Leave Petition (Civil) No.23788/2014).
                                    Therefore, it is submitted that the claim of the petitioner may be
                                    considered in light of the aforesaid judgment.

                                    Learned Standing Counsel for the State submits that in case petitioner
                                    moves a fresh application/representation before the competent authority,
                                    the same shall be considered and decided in accordance with law.

                                    Considering the facts and circumstances of the case but without
                                    expressing any opinion on the merits of the case set up on behalf of the
                                    petitioner, the present writ petition is disposed of by providing that the
                                    petitioner may make fresh application/representation, ventilating all his
                                    grievances, supported by such documents, as may be advised, before the
                                    respondent no.2; Director of Education (Higher Education), U.P.
                                    Prayagraj, within three weeks from today along with a certified copy of
                                    this order. On such representation being made, respondent no.2 shall
                                    make all endeavours to consider and decide the same, strictly in
                                    accordance with law, by means of a reasoned and speaking order, after
                                    giving proper opportunity of hearing to the parties concerned, as
                                    expeditiously as possible, preferably within a period of six weeks from
                                    the date of production of certified copy of this order, if there is no legal
                                    impediment.



                                                                               (Mrs. Manju Rani Chauhan,J.)
                                    May 14, 2026
                                    Jitendra/-




Digitally signed by :-
JITENDRA KUMAR YADAV
High Court of Judicature at Allahabad


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