LAWS(GJH)-2022-12-96

DISTRICT DEVELOPMENT OFFICER Vs. SHASHIKANTBHAI BHUPATRAI JOSHI

Decided On December 13, 2022
DISTRICT DEVELOPMENT OFFICER Appellant
V/S
Shashikantbhai Bhupatrai Joshi Respondents

JUDGEMENT

(1.) By way of the present appeal under Clause 15 of the Letters Patent, the appellant has challenged oral order dtd. 8/2/2022 passed by learned Single Judge in captioned writ petition. By the said order, learned Single Judge has issued following directions while allowing the petitions :-

(2.) As far as direction to pay leave encashment is concerned, the same is squarely covered by the decision of the Hon'ble Supreme Court rendered in the case of State of Gujarat v. Public Works Department and Forest Employees Union and others reported in (2019) 15 SCC 248. Relying on the aforesaid decision of the Hon'ble Supreme Court, this Court in identical group of appeals vide order dtd. 8/12/2022 passed in Letters Patent Appeal No.27 of 2022 and allied appeals, has dismissed the said appeals. Hence, following the said decision, the challenge with regard to grant of leave encashment is concerned, the present appeal stands dismissed.

(3.) As far as extension of benefits of 7th Pay Commission is concerned, Mr. H.S. Munshaw, learned advocate appearing for the appellant states that representation made by the respondent shall be decided on or before 31/1/2023. Accordingly, appellant is hereby directed to decide the representation of the respondent with regard to benefit of 7th Pay Commission on or before 31/1/2023.