GIRDHARBHAI JIVRAJBHAI PADARIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule returnable forthwith. Mr. Kurven Desai, learned Assistant Government Pleader, waives service of notice of rule on behalf of respondents Nos. 1 and 4, Mr. H.S. Munshaw, learned advocate, waives service of notice of rule on behalf of respondents Nos. 2 and 3.

(2.) The prayer in the petition is that the petitioner is entitled to the benefit of leave encashment of 300 days unavailed leave and also for a direction to revise the pension as well as gratuity calculating from the date of initial appointment i.e. 18/2/1989.

(3.) As far as the first relief is concerned, as pointed by Mr. Ghavariya, learned counsel for the petitioner, the only stand of the respondent as reflected from the affidavit-in-reply fled by the Taluka Development Officer, Gondal Taluka Panchayat, is that as far as the benefit of leave encashment is concerned, the proceedings are pending before the Hon'ble Supreme Court of India, wherein, interim order is granted and there is Stay of the Hon'ble Supreme Court vide order dtd. 7/2/2022 in SLP No. 1505 and SLP 1011 of 2022. The Hon'ble Supreme Court, now by way of an order dtd. 1/9/2022 in Special Leave to Petition No. 7229 of 2022 has concluded the issue in favour of the petitioner, inasmuch as, the appellants of the State challenging the orders of the Division Bench have been dismissed.