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2022 Supreme(Guj) 1358

BIREN VAISHNAV
SUKKARBHAI RANCHHODBHAI PATEL – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: MURALI N. DEVNANI.
For the Respondent: SOAHAM JOSHI.

JUDGMENT :

BIREN VAISHNAV, J.

1. Rule returnable forthwith. Mr. Soaham Joshi, learned Assistant Government Pleader waives service of notice of rule on behalf of respondents.

2. With consent of the learned advocates appearing for the respective parties, this matter is taken up for final hearing today.

3. The prayer in this petition is to direct the respondent authorities to extend the service benefits of leave encashment.

4. This Court on 30.09.2022 in Special Civil Application No. 19395 of 2022 and allied matters in an identical circumstance, after considering various decisions of the Hon’ble Supreme Court held as under:

    “1. RULE returnable forthwith. Mr. Soaham Joshi, learned Assistant Government Pleader for the respondent-State.

2. With the consent of the learned counsels for the respective parties, all these petitions are taken up for final hearing today.

3. The issue involved in these petitions with regard to extending the benefits of Leave Encashment from the due date is now settled in light of the State’s SLP No. 7229 of 2022 being dismissed by the order of the Hon’ble Supreme Court dated 1.9.2022 which reads as under:

“Delay condoned.

In view of the Resolution No. WCE-1588-(5)/(2)/G-2

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