Citation : 2023 Latest Caselaw 2116 Guj
Judgement Date : 6 March, 2023
C/SCA/3583/2023 ORDER DATED: 06/03/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 3583 of 2023
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RAVAL JAYANTI SHANKARBHAI
Versus
STATE OF GUJARAT
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Appearance:
SAN ASSOCIATES LLP(8655) for the Petitioner(s) No.
1,10,11,12,13,14,15,16,17,18,19,2,20,21,22,3,4,5,6,7,8,9
for the Respondent(s) No. 2,3
MS NIRALI SARDA, AGP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT
Date : 06/03/2023
ORAL ORDER
1. The present petition is filed with the following
prayers:
"14(A) xxxx
(B) YOUR LORDSHIPS may be pleased to issue a Writ of
mandamus or a writ in the nature of mandamus or any
other appropriate Writ, order or direction, to declare and hold that the Petitioners are entitled for encashment of leave
to the extent of 300 days at par with other permanent
employee of the respondent as recorded in the service book
of the Petitioners; and further direct the respondents to
forthwith pay the same to the Petitioners, preferably within
a stipulated period as may be deemed fit by this Hon'ble
Court.
(C) xxxx"
2. Heard learned advocate Mr.Alok Thakkar for
C/SCA/3583/2023 ORDER DATED: 06/03/2023
the petitioner and learned AGP Ms.Nirali Sarda for the
respondent no.1.
3. Considering the fact that the issue involved
herein is only pertaining to leave encashment which is
covered by various Government Resolutions and also
various judgments which are annexed with the petition
being Special Civil Application No.1945 of 2014 dated
8.7.2015, Letters Patent Appeal No.1614 of 2019 dated
13.9.2019 and also the Government Resolution dated
21.10.2022 issued by respondent no.2 herein, it will be
appropriate to direct the concerned respondents to
consider the case of the present petitioner, as
expeditiously as possible, preferably within six weeks from the date of receipt of this order in accordance with
law and communicate to the petitioner about the decision
taken within two weeks thereafter. Directed accordingly.
4. This petition is disposed of in above terms.
Direct service is permitted.
(SANDEEP N. BHATT,J) SRILATHA
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