Gujarat High Court
Pokar Kautilyakumar Hasmukhbhai vs State Of Gujarat on 25 January, 2022
Author: Biren Vaishnav
Bench: Biren Vaishnav
C/SCA/5225/2020 ORDER DATED: 25/01/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 5225 of 2020
With
CIVIL APPLICATION (FOR INTERIM RELIEF) NO. 1 of 2020
In R/SPECIAL CIVIL APPLICATION NO. 5225 of 2020
With
CIVIL APPLICATION (FOR FIXING DATE OF HEARING) NO. 1 of 2021
In R/SPECIAL CIVIL APPLICATION NO. 5225 of 2020
With
R/SPECIAL CIVIL APPLICATION NO. 6216 of 2020
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POKAR KAUTILYAKUMAR HASMUKHBHAI
Versus
STATE OF GUJARAT
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Appearance:
MR TR MISHRA(483) for the Petitioner(s) No. 1,2
MR KURVEN DESAI, AGP (99) for the Respondent(s) No. 1
NOTICE SERVED BY DS(5) for the Respondent(s) No. 1,2,3
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CORAM:HONOURABLE MR. JUSTICE BIREN VAISHNAV
Date : 25/01/2022
COMMON ORAL ORDER
[1] Rule. Learned AGP Mr. Desai waives service.
[2] Heard Mr. T. R. Mishra, learned counsel for the petitioner and Mr. Kurven Desai, learned AGP for the respondent - State through Video Conferencing.
Perused the record.
[3] It is the case of the petitioners in these petitions that the petitioners are entitled to being Page 1 of 4 Downloaded on : Tue Jan 25 21:01:48 IST 2022 C/SCA/5225/2020 ORDER DATED: 25/01/2022 appointed as Live Stock Inspectors on their services issued by the respondent - University wherein they obtained a certificate of Health Stock Inspectors.
[4] It is undisputed that the matter is covered by a decision dated 27.8.2021 of this Court in SCA No.9062/2019, which was subsequently followed, by this Court in a decision dated 17.1.2022 in SCA No.4464 of 2020. Order dated 17.1.2022 passed in SCA No.4464 / 2020 is reproduced hereunder for the sake of convenience.
1. "Heard Mr.Krishnan Ghevariya learned advocate for Mr.Murli Devnani learned advocate for the petitioners, Mr.Kurven Desai learned AGP for respondent nos.1, 2 and 5 and Mr.H.S.Munshaw learned advocate appearing for respondent nos.3 and 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. Mr.Munshaw learned counsel for the Panchayat has filed an affidavit-in-reply contending that the petitioners have already Page 2 of 4 Downloaded on : Tue Jan 25 21:01:48 IST 2022 C/SCA/5225/2020 ORDER DATED: 25/01/2022 been granted the benefit of resolution of 17.10.1988 including retiral benefits and they are not entitled, 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 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."
[5] To the object of learned AGP, that on a request made by the Government, the Himalayan University, the respondent herein did not file appropriate recognition, Mr. Mishra would submit that in SCA No.9062/2019, some of the petitioners had passed their certificate course from the Himalayan Page 3 of 4 Downloaded on : Tue Jan 25 21:01:48 IST 2022 C/SCA/5225/2020 ORDER DATED: 25/01/2022 University itself.
[6] Accordingly, the 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 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 8 (eight) weeks from the date of receipt of copy of this order. Rule is made absolute.
No costs.
[7] Connected Civil Applications also stand disposed of in view of allowing of main matters.
(BIREN VAISHNAV, J) VATSAL S. KOTECHA Page 4 of 4 Downloaded on : Tue Jan 25 21:01:48 IST 2022