Jayantilal Chhagalal Makwana v V. P. Patel

Gujarat High Court

 21 June 2013

Misc. Civil Application (For Contempt) No. 226 of 2013 in Special Civil Application No. 17385 of 2011

The Judgment was delivered by : Jayant Patel, J.

1. The basis of the present petition is the alleged breach and non-compliance to the order passed by this Court in Special Civil Application No.17385 of 2011, whereby it was held that the petitioner is deemed to have voluntary retired from service w.e.f. October, 2011 and the order of penalty was substituted and it was also directed that the State Government will give all benefits to the petitioner as per his entitlement.

2. Pursuant to the notice issued by this Court, Mr. Soni, learned AGP tenders a copy of the letter dated 18.6.2013, whereby the gratuity amount, commuting pension, regular pension have been sanctioned and paid and, therefore, he submits that as per him the order is complied with.

3. Whereas, Mr. Gohil, learned Counsel for the petitioner, states that the amount of leave encashment has not been paid.

4. In our view, if the same is the left-out amount, the petitioner may make representation for such purpose, and such shall be examined in accordance with law by the respondents and if the petitioner is found to be entitled for the amount of leave encashment, the same shall be disbursed within a period of three months from today.

5. The petition is disposed of accordingly.

However, it is observed that if as per the respondents it is found that the petitioner is not entitled to leave encashment, appropriate decision shall be communicated to the petitioner and thereafter the petitioner shall be at liberty to resort to appropriate proceedings in accordance with law.

6. The petition is disposed of accordingly. No order as to costs.

Petition disposed of