ALOK KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) The petitioner retired as Deputy Manager (Technical), from the U.P. State Warehousing Corporation, Regional Office, Jhansi (the Corporation) on 31 July 2010. As the Leave Encashment and Security Deposit amount was not paid to the petitioner after retirement, he filed Writ Petition No. 25770 of 2014 which was disposed of on 8 May 2014 with the following observations:

(2.) Learned counsel for the petitioner has submitted that the provisions of Rule 351-A of the Civil Services Regulation are not applicable to the employees of the Corporation as they have not been adopted by the Corporation and there is no corresponding provision in the Regulations framed by the Corporation which permit institution of disciplinary proceedings after retirement. It is, therefore, his submission that the orders dated 19 July 2014 and the order dated 30 August 2014 should be set aside and a direction for making the payment should be issued. In support of his contention, learned counsel for the petitioner has placed reliance upon the Division Bench judgment of the Luckhow Bench of this Court in Raj Kishore Dubey v. U.P. State Ware Housing Corp. Through Chairman Lko. and another, 2014 3 ADJ 75 (DB)(LB) and the subsequent judgment of the Division Bench in Wajahat Hussain Kazmi v. State of U.P. Thru its Prin. Secy. Food & Civil Supplies and others, Service Bench No. 73 of 2013, decided on 22 August 2014.

(3.) The Division Bench of this Court in Raj Kishore Dubey observed as follows: