C/SCA/4674/2021 ORDER DATED: 24/06/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 4674 of 2021 ========================================================== TALASHI RAGHAVBHAI KATESHIA & ORS. Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR YOGEN N PANDYA(5766) for the Petitioner(s) No. 1,2,3,4,5 NOTICE SERVED for the Respondent(s) No. 1,2 ========================================================== CORAM:HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA Date : 24/06/2025 ORAL ORDER 1. Learned advocate for the petitioner as well as the learned Assistant Government Pleader jointly submit that the issues raised in the petition are covered by the decision rendered by a Division Bench of this Court in Letters Patent Appeal No.400 of 2020, which has also been confirmed by the Hon’ble Apex Court in S.L.P. No.7229 of 2022, which held that the employees are entitled to retirement benefits. The order of the Apex Court reads as under:- “Delay condoned. In view of the Resolution No. W.C.E.-1588-(5)/(2)/G.2 dated 17-10-1988, the respondent employees are entitled to retirement benefits, gratuity, provident fund etc. In addition, they are entitled to two yearly optional leaves in total of 14 casual leaves, 30 days of earned leave and 20 days half pay leaves, as well as holiday on Sunday and during the national holidays/occasions. Page 1 of 2 C/SCA/4674/2021 ORDER DATED: 24/06/2025 In view of the aforesaid position, we do not find any good ground and reason to interfere with the directions given by the High Court to pay leave encashments on the retirement of the employees, as the same would pertain to encashment of the unused earned leaves. The payment is also in the nature of retirement benefits. However, it is clarified that the aforesaid directions would not be treated as granting the respondents a status of permanent or regular employees. Recording the aforesaid, the special leave petitions are dismissed. Pending application(s), if any, stand disposed of.” 2. In light of the joint submission, the the present writ petition is DISPOSED OF in terms of the reliefs granted by the Division Bench of this Court in Letters Patent Appeal No.400 of 2020, which has also been confirmed by the Apex Court in S.L.P. No.7229 of 2022. 3. As a consequence, the impugned order shall stand quashed and set aside. The respondents are directed to comply with the said order within a period of EIGHT WEEKS from the date of receipt of the copy of this order. (NSSG,J) Mehul Desai Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: MEHULKUMAR BHIMABHAI DESAI(HCD0075), ENGLISH STENOGRAPHER GRADE TWO CLASS TWO, at High Court of Gujarat on 25/06/2025 17:43:00