STATE OF GUJARAT Vs. NARANBHAI BHALABHAI DABHI

JUDGEMENT

(1.) This intra-court appeal lays a challenge to order dtd. 19/2/2019 passed in Special Civil Application No. 882 of 2017, where-under the claim of the petitioner for encashment of 300 days of unavailed privileged leave which had been denied as well as for grant of pensionary benefits including gratuity, counting initial ten (10) years of service of petitioner as daily rated employee came to be rejected by the respondent authorities has been set aside and the petition has been allowed by the learned Single Judge. On similar issue the matter was adjudicated by the co-ordinate Bench in Letters Patent Appeal 400 of 2020 where-under by order dtd. 6/3/2020 the grounds urged, contentions raised, pleas advanced by the State came to be rejected. It was subject matter of adjudication in Special Leave Petition (C) No. 7229 of 2022 which came to be disposed of by the Hon'ble Apex Court by order dtd. 1/9/2022 and thereby the order passed by the co-ordinate Bench was upheld. In that view of the matter, appeal filed by the State deserves to be dismissed by holding that order passed by the Hon'ble Apex Court in Special Leave Petition (C)7229 of 2022 on 1/9/2022 would be squarely applicable to the facts on hand and in terms of the order passed by the Hon'ble Apex Court, this Letters Patent Appeal stands disposed of.

(2.) The appellants is said to have deposited the amount before this Court. Hence, Registry is directed to transfer the said amount to the account of the writ applicant namely, respondent no. 1 in Letters Patent Appeal 988 of 2021 on an affidavit being filed disclosing the details of the Bank, Branch, City, Account No. and also enclosing the copy of the passbook or the pass- sheet as the case may be, within three (3) working days from filing of such affidavit. Accordingly, appeal stands disposed of.

(3.) In view of the appeal having been disposed of, Civil Application 1 of 2021 does not survive for consideration and it stands dismissed.