ORDER :

1. At the outset, learned advocate Mr.Dipak Dave appearing for the petitioner has submitted that the issue is covered by catena of decisions of the Division Benches as well as the decisions of Coordinate Benches of this Court. He has placed reliance on the judgment dated 05.09.2018 passed in Special Civil Application No.14504 of 2016, wherein the Coordinate Bench has taken into consideration the judgment of the Division Bench.

2. Mr.Pradip J. Patel, learned advocate appearing for the respondent Nos.2 and 3 has submitted that in fact, SLP No.14663 of 2021 is pending and hence, no observation with regard to the payment of leave encashment may be made.

3. Heard the learned advocates for the respective parties.

4. Learned advocate for the petitioner has tendered a draft amendment, which is granted. Amendment to be carried out forthwith.

5. RULE. Learned Assistant Government Pleader Mr.Adityasinh Jadeja and learned Advocte Mr.Pradip Patel waive service of notice of rule on behalf of the respective respondents.

6. Having regard to the controversy in narrow compass, with the consent of the learned advocates for the respective parties, the petition is taken up for final hearing today.

7. The petitioners have inter alia prayed for the following reliefs :

“(i) to hold and declare that action on part of the respondents in not making payment of pensionary benefits to the petitioner by counting their entire length of service from their date of joining till date of their retirement as illegal, unjustified, arbitrary and further be pleased to direct the respondents to fix the pension of the petitioners by counting their services from their respective dates of joining i.e 09.06.1977 and 12.12.1986 respectively, until the date of their retirement, i.e. 31.07.2007 and 31.05.2006 respectively, and fix their pension accordingly;

(ii) to hold and declare that petitioners are entitled to all other retiral benefits including benefits of leave encashment and be pleased to further direct the respondents to pay amount of leave encashment of leave standing in the account of the petitioners;

(iii) to direct the respondents to pay difference of pensionary benefits, gratuity amount and leave encashment with 18% interest from the date when it fell due;

(iv) to hold and declare that the petitioner shall be paid all other benefits like Public Holidays, Transport allowance, Medical Allowance, Group Insurance at par with the permanent employees;

(v) Pending the admission hearing and final disposal of this petition, this Hon’ble Court may be pleased to direct the respondents to immediately fix the pension of the petitioners on the basis of their total length of service, i.e. from their date of joining till their date of retirement;

Any other and further relief or reliefs to which this Hon’ble Court deemed fit, in the interest of justice; may kindly be granted;”

8. The respective dates of joining, retirement of the petitioners, etc. are mentioned hereunder so as to indicate their entitlement from the respective dates:-

9. The petitioners were given the benefits of Government Resolution dated 17.10.1988 and they were made permanent. The petitioners have retired from service.

10. Learned advocate Mr.Dipak Dave appearing on behalf of the petitioners has vehemently contended that the issue is almost covered by several decisions of this Court, but the authority under one pretext or other is not granting any due legitimate benefit which is otherwise bound to be paid. For raising this kind of submission, learned advocate has drawn the attention of this Court specifically to the order passed by the Coordinate Bench attached at page 23 to the petition compilation dated 05.09.2018