STATE OF GUJARAT Vs. LALITABEN HARIBHAI PATEL

JUDGEMENT

(1.) HEARD Mr. Raval, learned AGP, for the petitioner State and Mr. J.M.Thakkar, learned advocate, for M/s. S.G.Associates, learned advocate for the respondent.

(2.) THE petitioner State has taken out present petition seeking below mentioned reliefs/directions:-

(3.) THE facts involved in present petition are that, the respondent No.1 was working in educational institute which was receiving grant-in-aid. THE respondent No.1 herein was working as a teacher. She was appointed on 16.6.1969 and she retired upon attending age of superannuation, after office hours on 31.5.2005. THE respondent No.1 has claimed that the provisions under the Gujarat Civil Services (Leave) Rules, 2002 [hereinafter referred to as 'Rules of 2002'] apply to the institute where the respondent No.1 was working and the amendment dated 21.4.2007 in sub-rule (4) of Rule 65 of Rules of 2002. THE respondent No.1 has claimed that when she retired, she had 609 half pay leave available in her credit/account. THErefore, she was entitled for encashment of 300 days leave, however, she was granted encashment for only 150 days leave.