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