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2022 Supreme(Guj) 291

BIREN VAISHNAV
Jadavji Bhimjibhai Rathod – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Mukesh H. Rathod
For the Respondent: Mr. Kurven Desai, AGP.

JUDGMENT :

1. Rule returnable forthwith. With the consent of the learned advocates appearing for the respective parties, taken up for final hearing. Mr.Kurven Desai, learned Assistant Government Pleader, waives service of rule on behalf of the respondent - State.

2. Heard Mr.Mukesh H. Rathod, learned advocate for the petitioner and Mr.Kurven Desai, learned AGP, for the respondent - State. The prayer made in this petition is to issue a writ of mandamus directing the respondents to quash and set aside the order dated 29.01.2020 by which the petitioner's request for counting past services from the initial date of appointment for the purposes of gratuity and encashment of 300 days leave was rejected.

3. Having heard the learned counsels appearing for the respective parties, as far as the issue of leave encashment of 300 days is no longer res integra.

4. Mr.Mukesh Rathod, learned counsel for the petitioner, places reliance on a decision of a Co-ordinate Bench of this Court rendered in Special Civil Application No. 8498 of 2019 in context of his prayer for leave encashment. Paragraphs 5 and 6 of the decision read as under:

    "5. In Babarbhai Ambalalbhai Patel (supra), this court relied on Chim

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