Gujarat High Court
Purohit Mafiben Wd/O Ratnaji Kapuraji vs State Of Gujarat on 19 January, 2022
Author: Biren Vaishnav
Bench: Biren Vaishnav
C/SCA/15443/2019 ORDER DATED: 19/01/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 15443 of 2019
==========================================================
PUROHIT MAFIBEN WD/O RATNAJI KAPURAJI
Versus
STATE OF GUJARAT
==========================================================
Appearance:
MR MURALI N DEVNANI(1863) for the Petitioner(s) No. 1
MS.SURBHI BHATI, AGP (1) for the Respondent(s) No. 1,2,3,4
==========================================================
CORAM:HONOURABLE MR. JUSTICE BIREN VAISHNAV
Date : 19/01/2022
ORAL ORDER
1. Heard Mr.Krishnan Ghevariya learned advocate for Mr.Murli Devnani learned advocate the petitioner and Ms.Surbhi Bhati learned AGP for the respondent nos.1 to 4.
2. In this petition under Article 226 of the Constitution of India, the petitioner has prayed for a relief that the benefits of 300 days' un-availed privileged leave in favour of the petitioner be released. Reliance is placed on several decisions of this Court which are referred to extensively in this petition.
3. Ms.Bhati learned AGP for the State Authorities submitted that the petitioner has already been Page 1 of 3 Downloaded on : Thu Jan 20 21:27:09 IST 2022 C/SCA/15443/2019 ORDER DATED: 19/01/2022 granted the benefit of resolution of 17.10.1988 including retiral benefits and he is not entitled for the benefits of leave encashment for a period of 300 days.
4. 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.
5. Accordingly, petition is allowed. The respondents are directed to extend the benefits of 300 days privilege leave to the petitioners and also revised pensionary benefits including the terminal benefits in case of the petitioners and recompute the pension and the pensionary benefits by counting the service of the petitioners from the initial date of appointment and the benefits that accrue to the petitioners in terms of privilege leave of 300 days Page 2 of 3 Downloaded on : Thu Jan 20 21:27:09 IST 2022 C/SCA/15443/2019 ORDER DATED: 19/01/2022 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.
(BIREN VAISHNAV, J) ANKIT SHAH Page 3 of 3 Downloaded on : Thu Jan 20 21:27:09 IST 2022