State Of Gujarat vs Laxmanbhai Arjanbhai Dangar

(PER : HONOURABLE MR. JUSTICE R.M.CHHAYA)

1. By this appeal, the appellant - State has challenged the common order dated 16.09.2019 passed by learned Single Judge of this Court (Coram : Biren Vaishnav, J.) in Special Civil Application No.15278/2019 and allied matters.

2. Present appeal arises out of the Special Civil Application No.15279/2019. The facts indicate that writ petition was filed by the State challenging the award passed by the Reference Court granting benefit of Government Resolution dated 17.10.2018 and the Reference Court was pleased to grant benefit of 300 days of leave encashment. Learned Single Judge has relied upon the judgment of this Court passed in the case of State of Gujarat & Anr. Vs. Mahendrakumar Bhagvandas & Anr. (2011 (2) GLR Page 1 of 2 Downloaded on : Sat Aug 29 03:21:01 IST 2020 C/LPA/459/2020 ORDER 1290).

3. The issue raised before the learned Single Judge relates to the leave encashment of 300 days is squarely covered by the decision of this Court rendered in Letters Patent Appeal No.442/2020 as well.

4. Mr. Devnani, learned AGP for the appellant - State has not been able to show anything contrary to it.

5. In view of the above, we do not find any error in the order passed by the learned Single Judge of this Court as the issue involved in this appeal is already decided. In view of the said settled position of law, the appeal lacks merit and the same deserves to be dismissed and is hereby dismissed.

As the Letters Patent Appeal is dismissed, Civil Application (for Stay) would not survive and the same stands disposed of accordingly.

(R.M.CHHAYA, J) (ILESH J. VORA,J) DRASHTI K. SHUKLA Page 2 of 2 Downloaded on : Sat Aug 29 03:21:01 IST 2020