Bhikhabhai Virsangbhai Varu (Patel) vs State Of Gujarat
2025 Latest Caselaw 2516 Guj

Gujarat High Court

Bhikhabhai Virsangbhai Varu (Patel) vs State Of Gujarat on 12 August, 2025

                                                                                                                     NEUTRAL CITATION




                          C/SCA/22803/2017                                          JUDGMENT DATED: 12/08/2025

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                                IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                R/SPECIAL CIVIL APPLICATION NO. 22803 of 2017


                      FOR APPROVAL AND SIGNATURE:


                      HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA

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                                  Approved for Reporting                           Yes            No

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                                        BHIKHABHAI VIRSANGBHAI VARU (PATEL)
                                                       Versus
                                             STATE OF GUJARAT & ORS.
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                      Appearance:
                      MR NK MAJMUDAR(430) for the Petitioner(s) No. 1
                      ADVANCE COPY SERVED TO GOVERNMENT PLEADER/PP for the
                      Respondent(s) No. 1
                      NOTICE SERVED BY DS for the Respondent(s) No. 1
                      RULE SERVED for the Respondent(s) No. 2,3,4
                      ==========================================================

                        CORAM:HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA

                                                        Date : 12/08/2025

                                                        ORAL JUDGMENT

1. The admitted facts of the case are that the petitioner was admittedly absent from duties from 01.01.1996 to 22.02.1998. The petitioner chose to remain absent from duty without seeking the permission of his superior authorities or without even informing the superiors. Consequently notices came to be issued to the petitioner on 17.04.1996, 12.06.1996 and 26.11.1997 and despite which, he did not resume duty. A final notice was issued

NEUTRAL CITATION

C/SCA/22803/2017 JUDGMENT DATED: 12/08/2025

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18.02.1998 and only thereafter the petitioner resumed for duty. The petitioner was permitted to resume duty and the period of unauthorized absence i.e. from 01.01.1996 till 22.02.1998 was treated as leave without pay.

2. The petitioner made a representation requesting that this period of unauthorized absence be adjusted as against the medical leave and the earned leave that was at his credit and this plea has been rejected by the impugned orders and therefore, the petitioner is before this Court.

3. In a case in which, an employee remains unauthorizedely absent for more than 2 years, he cannot thereafter resume duty and contend that this period of unauthorized absence be adjusted against any other kind of leave that was at his credit.

4. In my view, the decision of the Authorities in refusing to treat the period of unauthorized absence against the leave at credit to the petitioner is just and proper, given the facts of the case.

5. Accordingly, the petition is dismissed.

6. Rule is hereby discharged.

(NSSG,J) Mehul Desai