STATE OF GUJARAT Vs. HIRABHAI NATHABHAI CHAMAR

JUDGEMENT

(1.) Heard learned Assistant Government Pleader Mr. Manan Mehta for the appellant State.

(2.) This Letters Patent Appeal is direcrted against order dtd. 8/12/2020 passed by learned single Judge allowing the Special Civil Application No. 15088 of 2020. The grievance of the respondents - original petitioners in the petition was that they were not granted the benefits flowing from the Resolution dtd. 17/10/1988 on completion of 5 years of service untill they retired, more particularly the benefit of unavailed previliged leave of 300 days which stood to their credit. Learned single Judge considered the decision of Division Bench of this court in State of Gujarat & Anr. vs. Mahendrakumar Bhagvandas & Anr. [ 2011 (2) GLR 1290], which was relied on in PWD Employees Union through President Saiyed Ibrahim and others vs. State of Gujarat and Others being Special Civil Application No. 5530 of 2003 decided on 20/8/2014. The order passed in the Special Civil Application No. 5530 came to be confirmed in Letters Patent Appeal No. 1310 of 2015. Learned single Judge referred to the observartions and findings from the aforementioned decisions covering the issue and finally allowed the petition directing the respondents to calculate amount payable to the petitioners towards the encashment of leave to the extent of 300 days within stipulated time.

(3.) While learned Assistant Government Pleader for the appellant State raised several grounds to assail the impugned order and further relied on the grounds set out in the memarumdum of appeal, the position could not be disputed that the Apex Court in State of Gujarat & Ors. vs. Ganpatji Nenaji Thakor & Anr . being Special Leave Petition (Civil) Diary no. 20010 of 2020 passed order dtd. 13/1/2021. The said Special Leave Petition was involving the same issue about the entitlement of workmen covered under Resolution dtd. 17/10/1988 to receive the leave encashment benefit.