Dineshkumar Jayantilal ... vs State Of Gujarat
2023 Latest Caselaw 121 Guj

     C/SCA/26913/2022                           ORDER DATED: 05/01/2023




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/SPECIAL CIVIL APPLICATION NO. 26913 of 2022

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                   DINESHKUMAR JAYANTILAL RAJYAGURU
                                 Versus
                           STATE OF GUJARAT
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Appearance:
MR. MUKESH T MISHRA(5900) for the Petitioner(s) No. 1
for the Respondent(s) No. 2,3,4
MR. JAY A. MEHTA, LD. ASST. GOVERNMENT PLEADER/PP for the
Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE

                            Date : 05/01/2023

                             ORAL ORDER

1. By way of this petition under Article 226 of the Constitution of India, the petitioner has prayed for the following reliefs;

"(A) That Your Lordships be pleased to issue an order, direction and/or writ in the nature of mandamus and/or any other appropriate writ, order or direction, directing the respondents to extend the benefit of 300 days leave encashment with 6% simple interest;

(B) Pending admission and final disposal of this petition, Your Lordships be pleased to direct the respondents to consider the case of petitioner in light of judgment passed by this Hon'ble Court and upheld by Hon'ble Supreme Court of India on 01.09.2022, Annexure-C;

(C ) Any other and such further relief as the

C/SCA/26913/2022 ORDER DATED: 05/01/2023

Hon'ble Court deems fit and proper in the interest of justice together with costs."

2. Mr. Mukesh T. Mishra, the learned advocate appearing for the petitioner submits that the case of the petitioner is squarely covered by the decision of the Hon'ble Apex Court in the case of State of Gujarat & Ors. vs. Mangalbhai Nanbhai Baria & Ors., Special Leave to Appeal No.7229 of 2022 and allied matters dated 01.09.2022, which is placed at Annexure-C. The learned advocate would further submit that this Court, in a group of petitions being Special Civil Application No.19182 of 2021 and allied matters, wherein the facts are more or less the same, has allowed the said petitions vide order dated 18.10.2022 by relying upon the aforesaid decision of the Hon'ble Apex Court. In such circumstances referred to above, Mr. Mishra prays that the reliefs, as prayed for in the present petition, may be granted.

3. Having heard learned advocate appearing for the petitioner as well as considering the facts and circumstances of the present case, this petition stands disposed of with a direction that the application made by the petitioner on 19.11.2022 (Annexure-B to the petition) be disposed of by the respondent No.3 as expeditiously as possible, preferably within a period of three months and while doing so, the concerned officer may call upon the

C/SCA/26913/2022 ORDER DATED: 05/01/2023

petitioner for personal hearing and also keep in mind the decision of the Hon'ble Apex Court as well as of this Court as referred to hereinabove as also the Government Resolution dated 21.10.2022 (Annexure-D).

Direct service is permitted.

(A.Y. KOGJE, J)

Vahid