Punjabhai Koyabhai Baria vs Manharbhai Kuji Jadhav, ...
2021 Latest Caselaw 3836 Guj

Citation : 2021 Latest Caselaw 3836 Guj
Judgement Date : 5 March, 2021

Gujarat High Court

Punjabhai Koyabhai Baria vs Manharbhai Kuji Jadhav, ... on 5 March, 2021

Bench: Sonia Gokani, Gita Gopi

        C/MCA/728/2020                                  ORDER




        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/MISC. CIVIL APPLICATION NO. 728 of 2020

        In R/SPECIAL CIVIL APPLICATION NO. 17588 of 2019

                              With
            R/MISC. CIVIL APPLICATION NO. 729 of 2020
                               In
           SPECIAL CIVIL APPLICATION NO. 17566 of 2019
                              With
            R/MISC. CIVIL APPLICATION NO. 730 of 2020
                               In
           SPECIAL CIVIL APPLICATION NO. 17547 of 2019
                              With
            R/MISC. CIVIL APPLICATION NO. 731 of 2020
                               In
           SPECIAL CIVIL APPLICATION NO. 17562 of 2019
                              With
            R/MISC. CIVIL APPLICATION NO. 732 of 2020
                               In
           SPECIAL CIVIL APPLICATION NO. 17587 of 2019
                              With
            R/MISC. CIVIL APPLICATION NO. 735 of 2020
                               In
           SPECIAL CIVIL APPLICATION NO. 18995 of 2019
                              With
            R/MISC. CIVIL APPLICATION NO. 737 of 2020
                               In
           SPECIAL CIVIL APPLICATION NO. 19913 of 2019
                              With
            R/MISC. CIVIL APPLICATION NO. 836 of 2020
                               In
           SPECIAL CIVIL APPLICATION NO. 9351 of 2019
                              With
            R/MISC. CIVIL APPLICATION NO. 810 of 2020
                               In
           SPECIAL CIVIL APPLICATION NO. 12864 of 2019
                              With
            R/MISC. CIVIL APPLICATION NO. 827 of 2020
                               In
           SPECIAL CIVIL APPLICATION NO. 12841 of 2019
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                     KHEMABHAI DHIRABHAI TARAL


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            C/MCA/728/2020                                    ORDER



                              Versus
            MANHARBHAI KULJI JADHAV, STATE OF GUJARAT
==========================================================
Appearance:
 for the Applicant(s) No.
10,11,12,13,14,15,16,17,18,19,2,20,21,22,23,24,25,26,27,28,29,3,30,31,4,5,6
,7,8,9
MR HB SINGH(2073) for the Applicant(s) No. 1
NOTICE SERVED(4) for the Opponent(s) No. 1,2,3
==========================================================

 CORAM: HONOURABLE MS. JUSTICE SONIA GOKANI
        and
        HONOURABLE MS. JUSTICE GITA GOPI

                            Date : 05/03/2021

                       COMMON ORAL ORDER

(PER : HONOURABLE MS. JUSTICE SONIA GOKANI)

1. This Court (Coram: - Hon'ble the Chief Justice Mr. Vikram

Nath and Mr. A.J.Shastri, J.) on 19.02.2021 passed the following

order: -

"1. This group of matters relates to the award of leave encashment of 300 days benefits to the applicants.

2. The Letters Patent Appeal No.1614 of 2019 was dismissed by the Division Bench vide order dated 13.9.2019. Subsequently, other Letters Patent Appeals arising out of the similar order of learned Single Judge extending the benefits, were also dismissed. Some of the Letters Patent Appeals, according to Ms. Shruti Pathi, learned Assistant Government Pleader, are still pending. Ms. Pathak will provide the number of all such Letters Patent Appeals relating to the contempt applications and also otherwise, if no contempt is filed and and the issue relates to award of 300 days of leave encashment, details will be provided by learned Assistant Government Pleader to the Court Master. All such Letters Patent Appeals to be listed by the Registry at the earliest in the next week.

C/MCA/728/2020 ORDER

3. The Special Leave Petition (Civil) Diary No.20010 of 2020 filed by the State of Gujarat against the final judgment and order of the Division Bench dated 13.9.2019 passed in Letters Patent Appeal No.1614 of 2019 has since been dismissed on 13.1.2021. Thus, the issue relating to the grant of 300 days leave encashment, subject to verification of the number of days available in the accounts of the employees stands closed and the State has no other option but to ensure compliance at the earliest, else its officers are held up in contempt and duly punished for deliberate violation and disobedience.

4. Ms. Pathak, learned Assistant Government Pleader has informed that in four applications, i.e. Misc. Civil Application Nos.317 of 2020, 545 of 2020, 548 of 2020 and 560 of 2020, certain amounts have been deposited with the Registry of this Court under various orders. With respect to the other matters, let a detailed chart be placed before the Court regarding the amount due and payable.