DAMJI PUNJA BERADIYAversusGUJARAT MARITIME BOARD

     C/SCA/1336/2026                              ORDER DATED: 05/02/2026




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/SPECIAL CIVIL APPLICATION NO.1336 of 2026

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                        DAMJI PUNJA BERADIYA & ORS.
                                   Versus
                       GUJARAT MARITIME BOARD & ORS.
==========================================================
Appearance :
MS HARSHAL N PANDYA for the Petitioners.
MS REETA CHANDARANA for the Respondents.
=========================================

 CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI

                             Date : 05/02/2026
                              ORAL ORDER


1.             At the outset, learned advocate Ms. Reeta Chandarana
states that she has instructions to appear for the respondents and
she may be permitted to 'le her Vakalatnama.                  Accordingly,
Registry is directed to accept the Vakalatnama of learned advocate
Ms. Reeta Chandara for the respondents, even if the petition is
being disposed of today.


2.             With the consent of the parties, the matter was taken
up 'nally hence, Rule. Learned advocate Ms. Chandarana waives
service of rule on behalf of the respondents.


3.             In this petition, under Article 226 of the Constitution of
India, the petitioners have prayed for a relief that the bene'ts of
300 days’ unavailed privileged leave in favour of the petitioners be
released.


4.             Reliance is placed by the learned advocate for the
petitioners on several decisions of this Court which are referred to


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             C/SCA/1336/2026                                                             ORDER DATED: 05/02/2026




    extensively in this petition. Learned advocate Ms. Chandarana has
    submitted that the petitioners are only entitled to the bene't of
    resolution of 17.10.1988 including retiral bene'ts and not entitled
    bene'ts of privileged leave for a period of 300 days.


    5.                    Considering the fact that the issue is covered by the
    decision of this Court in case of State of Gujarat v. Govindbhai
    Karshanbhai Parmar rendered in LPA No.236 of 2020 and
    another             decision             of      this        Court           rendered              in       case         of
    Maganbhai Nagarbhai Patel v. State of Gujarat rendered in
    Special Civil Application No.11631 of 2020, present petition is
    required to be allowed. This Court in Special Civil Application No.
    9484 of 2013 has also granted similar bene'ts to the petitioners
    therein. The Apex Court recently in a decision rendered in SLP No.
    7229 of 2022 on 01.09.2022 has also taken a similar view and
    directed grant of 300 days’ privileged leave.


    6.                    Accordingly, the petition is allowed. The respondents
    are directed to extend the bene'ts of 300 days privileged leave to
    the petitioners. The bene'ts that accrue to the petitioners in terms
    of privileged leave of 300 days with the arrears shall be paid to the
    petitioners preferably within a period of twelve weeks from the
    date of receipt of copy of this order. Rule is made absolute
    accordingly.


                          Direct service is permitted


                                                                                       (NIRZAR S. DESAI,J)
    SAVARIYA
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: RAJNISH NARENDRA SAVARIYA(HC00179), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 05/02/2026 17:11:45




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