C/SCA/18413/2023 ORDER DATED: 24/04/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 18413 of 2023 With CIVIL APPLICATION (DIRECTION) NO. 1 of 2024 In R/SPECIAL CIVIL APPLICATION NO. 18413 of 2023 ========================================================== PRAFULABEN CHANDRAKANTBHAI PANDYA Versus SECRETARY, PANCHAYAT RURAL HOUSING AND RURAL DEVELOPMENT DEPARTMENT & ORS. ========================================================== Appearance: MS RV ACHARYA(1124) for the Petitioner(s) No. 1 MS.TANUSHREE SHRIMAL, ASSISTANT GOVERNMENT PLEADER for the Respondent(s) No. 5,6 MR HS MUNSHAW(495) for the Respondent(s) No. 2,3,4,7 ========================================================== CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI Date : 24/04/2025 ORAL ORDER 1. Heard learned advocate Ms. R. V. Acharya for the petitioner, learned AGP Ms. Tanushree Shrimal for the respondent – State and learned advocate Mr. H. S. Munshaw for the respondents no. 2 to 4 and 7. 2. By way of this petition, the petitioner has prayed for the following reliefs:- A) That this Hon’ble court be pleased to admit and allow this petition; B) That this Hon’ble court be pleased to issue any appropriate writ, order or direction directing the respondents herein to pay C/SCA/18413/2023 ORDER DATED: 24/04/2025 the outstanding amount of Leave Encashment, salary of 18 months, benefits of 7th Pay commission and benefits of 3rd higher pay scale etc. with 18% interest till realization. C) Pending hearing and final disposal of this petition, the Hon’ble Court be pleased to issue any appropriate writ, order or direction directing the respondents herein to pay the outstanding amount of Leave Encashment, salary of 18 months, benefits of 7th Pay commission and benefits of 3rd higher pay scale etc. with 18% interest till realization. D) That this Hon’ble Court be pleased to pass any other and further orders in the interest of justice. 3. However, when the matter was called out, it was brought to the notice of the Court by learned advocate Ms. R. V. Acharya that the petitioner has already made a representation to the Chief Officer, Dhari Municipality, Dhari District, Amreli on 19.04.2025 and the said representation is under active consideration of the respondent – Municipality and the aforesaid fact was not denied by learned advocate Mr. Munshaw. 4. An assurance was given on behalf of the Municipality to the Court that latest by 31.05.2025, on the basis of representation, if the representation finds merit, a fresh proposal shall be send to the concerned authority in the State Government and the State Government is directed to consider and take a decision upon the said recommendation/ proposal within a period of three months from the date of receipt of the said proposal. 5. In view of above, as the respondents are actively considering the C/SCA/18413/2023 ORDER DATED: 24/04/2025 representation made by the petitioner and in view of direction issued by the Court in foregoing paragraph, under instructions,learned advocate Ms. Acharya, keeping all the rights and contentions of the petitioner open, seeks permission to withdraw this petition at this stage. 6. It is clarified that this Court has not gone into the merits of the matter. 7. In view of disposal of main matter, connected Civil Application also disposed of. Direct service is permitted. (NIRZAR S. DESAI,J) VARSHA DESAI Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: VARSHABEN VAGHAJIBHAI DESAI(HC01393), PRIVATE SECRETARY, at High Court of Gujarat on 24/04/2025 17:54:17