VALJIBHAI SHANTILAL MAKASANA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition is filed under Article 226 of the Constitution of India with the following prayers:-

(2.) Heard learned advocate Mr. M. T. Mishra for the petitioner. He submitted that issue in the present petition pertains to leave encashment of 300 days of Earned Leave. Any prayer, if made in the present petition, other than that of leave encashment, would not be pressed. He submitted that as the petitioner was not granted benefit of leave encashment, a legal notice dtd. 6/3/2023 was served upon the respondent Nos. 1, 2 and 3. In response to the said legal notice, the petitioner received a communication dtd. 19/4/2023 by the Deputy Executive Engineer, Irrigation Department, Halvad stating that the calculation in relation to the leave encashment of the petitioner has been made. He submitted that therefore, the respondents may be directed to give effect to the communication dtd. 19/4/2023.

(3.) Learned Assistant Government Pleader Ms. Nirali Sarda for the respondent - State submitted that they are not in receipt of any such communication. However, she could not controvert the fact that the Irrigation Department, Gandhinagar has issued a Government Resolution dtd. 21/10/2022 and taken a policy decision which reads as under:-