RAVIDUTTA SHIVDUTTA SHARMA v. DAKSHIN GUJARAT VIJ COMPANY LTD
SCA/12121/2017 · 2025-07-23
N S Sanjay Gowda
body2025
DailyLaw.ai
[ 2025 DAILYLAW 4995 (GUJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 4995 (GUJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
C/SCA/12121/2017 ORDER DATED: 23/07/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 12121 of 2017 ========================================================== RAVIDUTTA SHIVDUTTA SHARMA Versus DAKSHIN GUJARAT VIJ COMPANY LTD & ORS. ========================================================== Appearance: AAKANKSHA(9134) for the Petitioner(s) No. 1 RAHUL SHARMA(8276) for the Petitioner(s) No. 1 MR DIPAK R DAVE(1232) for the Respondent(s) No. 1 RULE SERVED for the Respondent(s) No. 2,3 ========================================================== CORAM:HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA
Date : 23/07/2025
ORAL ORDER
1. The prayer in this writ petition is is to direct the respondent to pay to the petitioner a sum of Rs. 1,14,918/- which was withheld from his leave encashment benefits. A prayer is also made for grant of interest at the rate of 18%.
2. Learned Counsel for the petitioner has advanced arguments to the effect that there was absolutely no justification for withholding of leave encashment as no inquiry was conducted against the petitioner in dispute of any charge, let alone a charge of a pecuniary the loss to the corporation.
3. After the matter was argued for some time, the learned Advocate for the respondent secured instruction to the effect that the corporation is willing to give a quietus to the matter by releasing the sum of Rs. 1,14,918/-, provided the petitioner gives as his
C/SCA/12121/2017 ORDER DATED: 23/07/2025 claim for interest. Learned Advocate for the petitioner, on instruction also submits that the petitioner would not be interested in claiming the interest on the said amount.
4. In light of the above submissions, the writ petition is disposed of directing the respondent No. 1 to pay to the petitioner a sum of Rs. 1,14,918/- which has been withheld from his leave encashment account within a period of two weeks. Rule is made absolute. (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 24/07/2025 11:24:04