Gujarat High Court
Kalubhai Noormohamadbhai Bhatti vs State Of Gujarat on 6 February, 2023
Bench: A.Y. Kogje
C/SCA/11462/2020 JUDGMENT DATED: 06/02/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 11462 of 2020
With
R/SPECIAL CIVIL APPLICATION NO. 19436 of 2022
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE A.Y. KOGJE Sd/-
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1 Whether Reporters of Local Papers may be allowed to see NO
the judgment ?
2 To be referred to the Reporter or not ? NO
3 Whether their Lordships wish to see the fair copy of the NO
judgment ?
4 Whether this case involves a substantial question of law as NO
to the interpretation of the Constitution of India or any
order made thereunder ?
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KALUBHAI NOORMOHAMADBHAI BHATTI
Versus
STATE OF GUJARAT
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Appearance:
MR AS ASTHAVADI(3698) for the Petitioner(s) No.
1,10,11,12,13,2,3,4,5,6,7,8,9
MR. ADITYA PATHAK, AGP for the Respondent(s) No. 1
MR DG CHAUHAN(218) for the Respondent(s) No. 3
NOTICE SERVED for the Respondent(s) No. 1,2
RONAK D CHAUHAN(7709) for the Respondent(s) No. 3
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CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE
Date : 06/02/2023
ORAL JUDGMENT
C/SCA/11462/2020 JUDGMENT DATED: 06/02/2023
1. RULE. Learned Assistant Government Pleader waives service of rule on
behalf of the respondent No.1.
2. Learned Advocate for the respondents is absent.
3. These two petitions are arising out of the identical facts and are raising
the same issues and hence, at the request of learned Advocate for the
petitioner, the same are taken up for joint hearing and final disposal.
With consent, the facts are recorded from the lead matter i.e. Special
Civil Application No.11462 of 2020.
4. However, learned Advocate for the petitioner has placed on record a
Communication dated 28-10-2022, wherein, in conformity with the
policy of the State Government for making payment of leave
encashment as per the various decisions of this Court confirmed by the
Supreme Court, the case of the petitioner is also considered, as is
reflected from the annexure to the aforesaid communication. The Name
of the present petitioner is reflected at Item No.1, wherein entitlement
of the petitioner is already decided. For the rest of the petitioners, it is
to be decided by carrying out due verification at the level of the
respondents and to act in accordance with the policy of the State under
Circular dated 21-10-2022.
5. It is submitted at this stage that the respondents, though are desirable
to take a decision in this case, still on account of the pendancy of the
petition, the decision is not being taken accordingly.
6. In view of the aforesaid position, the Court deems it appropriate to
direct the respondents to undertake scrutiny of the individual cases of
each of the petitioners herein, and upon such scrutiny if they are found
to be entitled, then a proposal shall be forwarded to the State
authorities in this regard and thereafter the State authorities shall
consider proposal of each of the petitioners herein expeditiously and in
consonance with the State policy.
7. It is reported that in many of such matters, the concerned department
C/SCA/11462/2020 JUDGMENT DATED: 06/02/2023
has already moved a proposal to the State Government in this regard.
However, wherever such proposal is not moved, the same shall be
moved by the concerned department within a period of four weeks from
the date of receipt of copy of writ of this order.
8. The aforesaid exercise shall be completed within a period of eight
weeks from today.
9. In view of the aforesaid, both the petitions stand allowed . Rule is made
absolute to the aforesaid extent. No order as to costs.
Direct service is permitted.
Sd/-
(A.Y. KOGJE, J)
PARESH SOMPURA
