Gujarat High Court
Naniben Somabhai Parmar vs State Of Gujarat on 1 February, 2022
Author: Biren Vaishnav
Bench: Biren Vaishnav
C/SCA/11140/2020 ORDER DATED: 01/02/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 11140 of 2020
With
R/SPECIAL CIVIL APPLICATION NO. 11504 of 2020
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NANIBEN SOMABHAI PARMAR
Versus
STATE OF GUJARAT
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Appearance:
MR MURALI N DEVNANI(1863) for the Petitioner(s) No. 1
MS.SURBHI BHATI, AGP for the Respondent(s) No. 1
NOTICE SERVED for the Respondent(s) No. 2,4
NOTICE UNSERVED for the Respondent(s) No. 3
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CORAM:HONOURABLE MR. JUSTICE BIREN VAISHNAV
Date : 01/02/2022
COMMON ORAL ORDER
1. Heard Mr.Murli Devnani learned advocate the petitioner and Ms.Surbhi Bhati learned AGP for the respondent nos.1 to 4.
2. In both these petitions under Article 226 of the Constitution of India, the petitioners have prayed for a relief that the benefits of 300 days' un-availed privileged leave in favour of the petitioners 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 Page 1 of 3 Downloaded on : Tue Feb 01 21:00:53 IST 2022 C/SCA/11140/2020 ORDER DATED: 01/02/2022 submitted that the petitioner has already been 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, petitions are 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 Page 2 of 3 Downloaded on : Tue Feb 01 21:00:53 IST 2022 C/SCA/11140/2020 ORDER DATED: 01/02/2022 petitioners in terms of privilege leave of 300 days and revised pensionary benefits together with the arrears shall be paid to the petitioners preferably within a period of 12 (twelve) weeks from the date of receipt of copy of this order.
(BIREN VAISHNAV, J) ANKIT SHAH Page 3 of 3 Downloaded on : Tue Feb 01 21:00:53 IST 2022