JAYPRAKASH HARISHCHANDRA MOGHE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition, the petitioners have challenged the order dated 8th March 2010, whereby the representation preferred by the petitioners for payment of encashment leave was rejected.

(2.) The case of the petitioner is that the petitioners had retired as non-teaching employee of the Non-Government grant-in-aid technical institutes. On their retirement they demanded benefit of encashment of earned leave (Prapt Raja). The Government declined the said benefit by letter dated 2nd September, 2004. Thereafter, the petitioners filed S.C.A. No. 3365/2009 to 3373/2009, challenging the letter dated 2nd September 2004. This Court passed common order on 01.09.2009 directing the Government for taking decision in the matter within 6 weeks. On 21.11.2009 the petitioners gave notice to the Government for taking decision in the matter. Respondent no. 3 gave reply stating that preferring appeal against the common order was in process. Thereafter petitioner no.1 preferred M.C.A. No. 381/2010 for contempt of the Court. On 18.2.2010 this Court issued notice to the Government. Thereafter the respondent no.1 produced order dated 8.3.2010 denying the benefit of encashment of leave on their retirement to the petitioner by filing Affidavit dated 16.3.2010. This Court vide order dated 1.4.2010 disposed off M.C.A. No. 381/2010 by accepting apology and belated compliance of the order dated 1.9.2009 of this Court. Hence, the petitioner have preferred this this petition.

(3.) I have heard learned advocates for both the parties and perused the relevant papers.