High Court of Gujarat

VIRENDRASINH PRAVINSINH GOHILversusSECRETARY, DEPARTMENT OF HEALTH AND FAMILY WELFARE

Decided: 13 February 2026
Disposal: 35-ANY OTHER MODE @ ADM.STAGE
Bench: NIRZAR S DESAI

Holding

The petition is dismissed because the petitioner has already been granted the benefit of 300 days leave encashment, so the grievance no longer subsists.

Summary

Virendrasinh Pravinsinh Gohil filed a Special Civil Application before the Gujarat High Court against the Secretary, Department of Health and Family Welfare and others, seeking relief related to leave encashment. The respondents filed an affidavit‑in‑reply indicating that the petitioner had already been granted the benefit of 300 days of leave encashment. The petitioner’s counsel argued that, in view of this affidavit, the grievance was fully redressed. The Court examined the affidavit and found that the relief sought could not be disputed as it had already been conferred. Consequently, the Court disposed of the petition, discharged the notice, and allowed the petitioner liberty to file a fresh petition if any difficulty arises.

Issues considered

Whether the petition remains maintainable when the petitioner has already received the benefit of 300 days leave encashment.

Subjects

leave encashment
petition disposal
administrative law
civil procedure

Judgment

        C/SCA/1567/2023                                                  ORDER DATED: 13/02/2026




               IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                 R/SPECIAL CIVIL APPLICATION NO. 1567 of 2023

==========================================================
                VIRENDRASINH PRAVINSINH GOHIL
                            Versus
 SECRETARY, DEPARTMENT OF HEALTH AND FAMILY WELFARE & ORS.
==========================================================
Appearance:
MR JIGNESH D LAMBA(12891) for the Petitioner(s) No. 1
MR YOGEN N PANDYA(5766) for the Petitioner(s) No. 1
MR KH BAXI(150) for the Respondent(s) No. 2
MR VISHVESH PUJARA, AGP for the Respondent(s) No. 1,3,4
==========================================================

    CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI

                                         Date : 13/02/2026

                                            ORAL ORDER


          Learned advocate Mr. Jignesh Lamba for the petitioner
states that in view of the affidavit-in-reply stating that the
petitioner         is     already        granted         benefit        of    300       days       leave
encashment which could not be disputed, the present petition
may be disposed of as the grievance of the petitioner stands
redressed.


          In view of above, present petition is disposed of in view
the affidavit-in-reply filed by the respondents as the grievance
of the petitioner does not survive. However, liberty is granted
to file a fresh petition in case of difficulty. Notice is
discharged.

                                                                        (NIRZAR S. DESAI,J)
SHRIJIT PILLAI

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: PILLAI SHRIJIT P(HC01400), PRIVATE SECRETARY, at High Court of Gujarat on 13/02/2026 16:02:05
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