Gujarat High Court
Narsinhbhai Kanjibhai Solanki vs State Of Gujarat on 19 January, 2022
Author: Biren Vaishnav
Bench: Biren Vaishnav
C/SCA/4280/2021 JUDGMENT DATED: 19/01/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 4280 of 2021
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE BIREN VAISHNAV
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1 Whether Reporters of Local Papers may be allowed
to see the judgment ?
2 To be referred to the Reporter or not ?
3 Whether their Lordships wish to see the fair copy
of the judgment ?
4 Whether this case involves a substantial question
of law as to the interpretation of the Constitution
of India or any order made thereunder ?
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NARSINHBHAI KANJIBHAI SOLANKI
Versus
STATE OF GUJARAT
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Appearance:
MR KRISHNAN M GHAVARIYA(8133) for the Petitioner(s) No. 1,2
MR KURVEN DESAI, AGP for the Respondent(s) No. 1,2,3,4
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CORAM:HONOURABLE MR. JUSTICE BIREN VAISHNAV
Date : 19/01/2022
ORAL JUDGMENT
1. RULE. Mr. Kurven Desai, learned AGP waives service of notice of rule on behalf of respondent State.
2. Heard Mr. Krishnan Ghavariya, learned advocate for the petitioners, Mr. Desai, learned AGP for respondents.
3. In this petition, under Article 226 of the Constitution of India, the Page 1 of 2 Downloaded on : Thu Jan 20 21:27:14 IST 2022 C/SCA/4280/2021 JUDGMENT DATED: 19/01/2022 petitioner has prayed for a relief that the benefits of 300 days' unavailed privileged leave in favour of the petitioner be released.
4. Reliance is placed on several decisions of this Court which are referred to extensively in this petition. Mr. Desai, learned AGP submitted that the petitioners has already been granted the benefit of resolution of 17.10.1988 including retiral benefits and he is not entitled, benefits of privileged leave for a period of 300 days.
5. Considering the fact that the issue is covered by the decision of this Court in case of State of Gujarat v. Govindbhai Karshanbhai Parmar rendered in LPA No.236 of 2020 and another decision of this Court rendered in case of Maganbhai Nagarbhai Patel v. State of Gujarat rendered in Special Civil Application No.11631 of 2020, present petition is required to be allowed.
6. Accordingly, petition is allowed. The respondents are directed to extend the benefits of 300 days privileged leave to the petitioners and also revised pensionary benefits including the terminal benefits in case of the petitioner and recompute the pension and the pensionary benefits by counting the service of the petitioners from the initial date of appointment. The benefits that accrue to the petitioners in terms of privileged leave of 300 days and revised pensionary benefits together with the arrears shall be paid to the petitioners preferably within a period of 8 (eight) weeks from the date of receipt of copy of this order. Rule is made absolute accordingly.
(BIREN VAISHNAV, J) DIVYA Page 2 of 2 Downloaded on : Thu Jan 20 21:27:14 IST 2022