Raijibhai Mahijibhai Padhiyar vs State Of Gujarat
2021 Latest Caselaw 17271 Guj

     C/SCA/5900/2018                              ORDER DATED: 16/11/2021




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/SPECIAL CIVIL APPLICATION NO. 5900 of 2018

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                       RAIJIBHAI MAHIJIBHAI PADHIYAR
                                   Versus
                       STATE OF GUJARAT & 3 other(s)
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Appearance:
MR YOGIN A BHAMBHANI(6444) for the Petitioner(s) No. 1
MR HARDIK MEHTA, AGP for the Respondent(s) No. 1,2,3
MR.VARUN K.PATEL(3802) for the Respondent(s) No. 4
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 CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA

                              Date : 16/11/2021

                               ORAL ORDER

1. When the matter is taken up for hearing, learned advocate Mr.Yogin Bhambhani has submitted that so far as the prayer for grant of Leave Salary (Leave Encashment) of 332 days is concerned, on a similar issue, Letters Patent Appeal No.653 of 2016 is pending, whereby the judgment of the learned Single Judge has been stayed.

2. So far as the subsequent prayer of paying the amount of gratuity is concerned, he has submitted that the issue is squarely covered by the decision of the co-ordinate Bench dated 17.07.2013 passed in Special Civil Application No. 16122 of 2005 and the decision dated 02.05.2018 passed in Special Civil Application No.17761 of 2015.

3. Learned advocate Mr.Patel appearing for the respondent No.4 is not in a position to dispute that the issue of gratuity is already covered by the aforesaid judgments. Hence, the

C/SCA/5900/2018 ORDER DATED: 16/11/2021

respondents authorities, by way of interim relief, are directed to pay the amount of gratuity to the petitioner within a period of two months. So far as the relief claimed with regard to the amount of payment of leave encashment is concerned, it will be open for the petitioner to file a separate civil application for taking up the matter after final disposal of the Letters Patent Appeal No.653 of 2016.

4. Learned advocate Mr.Yogin Bhambhani has further submitted that since the respondent No.4 - Gujarat State Bharat Scouts & Guide, is an 100% grant-in-aid Institute, the State Government may be directed to release funds towards the payment of gratuity.

5. In view of the above fact, the respondent No.1 is directed to release the grant with regard to the gratuity so that the same can be paid to the petitioner.

6. In view of the aforesaid directions, this petition is disposed of.

Direct service is permitted.

(A. S. SUPEHIA, J) MAHESH BHATI