PANCHABHAI AKHABHAI PRAJAPATI Vs. STATE OF GUJARAT
LAWS(GJH)-2023-1-185
HIGH COURT OF GUJARAT
Decided on January 31,2023

Panchabhai Akhabhai Prajapati Appellant
VERSUS
STATE OF GUJARAT Respondents

JUDGEMENT

- (1.)This petition is filed claiming leave encashment which has not been granted to the petitioners.
(2.)By way of this petition, the petitioners are claiming for the following reliefs :
"(A) The Hon'ble Court be pleased to issue a writ of mandamus or any other appropriate writ, order or direction declaring the action of the respondents in not paying the amount of leave encashment to the extent of 300 days (unavailed privilege leave) to the petitioners as illegal, unjust, arbitrary and in violation of Article-14, 16 and 21 of Constitution of India;

(B) The Hon'ble Court be pleased to direct respondents to pay the amount of leave encashment (unavailed privilege leave) to the extent of 300 days to the petitioners with 12% interest thereon;"

(3.)Learned advocate for the petitioners submitted that each of the petitioners were appointed and had been working for more than three decades as Daily Wagers with the respondent departments and considering their continuous service they claimed entitlement to leave encashment.


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