HARESHKUMAR JAEETABHAI JEBALIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The prayer in Special Civil Application No.18623 of 2021 is for the benefits mentioned in para 19(A) & (B) regarding Transport Allowance, Travelling Allowance, Leave Encashment and Leave Travel Concession, while the prayers in Special Civil Application No. 17782 of 2021, are mentioned at para Nos. 12(A) and 12(B) of the petition.

(2.) Admittedly, these benefits has been granted by an order of the Division Bench rendered in Letters Patent Appeal No. 325 of 2018 dtd. 27/8/2021. In view of this, so far as prayers in terms of para 19(A) and (B) of Special Civil Application No. 18623 of 2021 and 12(A) & 12(B) of Special Civil Application No. 17782 of 2021 are concerned, the order of the Letters Patent Appeal No. 325 of 2018 will govern and the petitions are allowed in terms of the order of the Division Bench, subject to the challenge in the Hon'ble Supreme Court. Benefits as prayed for by the petitioners, shall be paid to the petitioners latest by 31/5/2022.

(3.) As far as prayers made in the petitions regarding the five allowances is concerned, since the issue is covered by the decision rendered in Special Civil Application No. 3068 of 2020 dtd. 26/10/2021, the petitioners shall be extended such benefits in accordance with the decision rendered in SCA No. 3068 of 2020 latest by 31/5/2022. The said decision dtd. 26/10/2021 rendered in SCA 3068 of 2020 reads as under: