STATE OF GUJARAT Vs. GAURIBEN DILIPBHAI SOLANKI

JUDGEMENT

(1.) By way of present Appeal under Clause-15 of Letters Patent, the State Authorities have challenged the judgment and order dtd. 17/12/2020 passed in captioned writ petition by which learned Single Judge has directed the State Authorities to extend the benefits of 300 privileged leave (leave encashment) to the respondent with further direction to give consequential effect of the same to the pensionary benefit of the respondent and directed that the arrears was to be paid within a stipulated period of time.

(2.) From the record, it transpires that several petitions were filed in past in respect of similar issue which were adjudicated and decided on different dates. It is reported that against the judgment and orders passed by learned Single Judges, the State Government had preferred Letters Patent Appeals wherein also, the judgment and orders passed by learned Single Judges remained confirmed. The State Government further assailed the controversy before the Hon'ble Supreme Court through several Special Leave to Appeals. It is pointed out that by order dtd. 1/9/2022, the Hon'ble Supreme Court has disposed of all such petitions by a common order which reads as under:

(3.) It is now settled that the benefits of leave encashment is a part of the salary and therefore, the respondents are entitled to the benefit of leave encashment. It is apposite to observe that the Hon'ble Supreme Court in the judgment reported in Civil Appeal Nos. 1684-1686 of 2019 observed in para 15 as under: