HEMANTKUMAR SAHIJRAM GOKLANI Vs. SHRI SAD VIDYA MANDAL
LAWS(GJH)-2021-12-704
HIGH COURT OF GUJARAT
Decided on December 08,2021

Hemantkumar Sahijram Goklani Appellant
VERSUS
Shri Sad Vidya Mandal Respondents

JUDGEMENT

- (1.)Learned advocates for the respective parties have submitted that in view of the subsequent development in the matter, appropriate orders may be passed.
(2.)Learned advocate Mr.Jadeja for the petitioner has submitted that during pendency of the present petition, the petitioner has resigned on 28/2/2019. He has invited attention of this Court to the initial order dtd. 31/7/2017, whereby the impugned notice dtd. 19/6/2017 seeking removal of the petitioner from service was stayed. Thereafter, learned advocate Mr.Jadeja has further invited attention of this Court to the order dtd. 27/4/2018, whereby the Court has directed the respondent-Trust to deposit an amount of Rs.1,16,511.00 before the Registry of this Court. It is reported that the said amount is deposited before the Registry of this Court. Learned advocate Mr.Jadeja has submitted that the petitioner is not yet paid the leave encashment and gratuity, which he is even otherwise entitled for after communication of the impugned notice.
(3.)Learned advocate Mr.Joshi is unable to dispute that the petitioner was continued in service and he was being paid 50% salary and the amount, which is mentioned in the order dtd. 27/4/2018 is 50% of salary for the period from January, 2018 to March, 2018. He has further submitted that the petitioner has in fact continued till 28/2/2019 and hence, the appropriate orders may be passed.
3.1 Learned advocate Mr.Joshi has submitted that the petitioner was paid despite there being no work or students.



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