SCA/17011/2007 1/2 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 17011 of 2007 For Approval and Signature: HONOURABLE MR.JUSTICE ANANT S. DAVE ====================================== 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ====================================== HASMUKHBHAI H. PATEL Versus MANAGER/INCHARGE GENERAL MANAGER-BARODA CENTRAL CO.OP. ====================================== Appearance : MS HINA DESAI for Petitioner MR NILESH A PANDYA for Respondent ====================================== CORAM : HONOURABLE MR.JUSTICE ANANT S. DAVE Date : 17/01/2008 ORAL JUDGMENT SCA/17011/2007 2/2 JUDGMENT The short question to be decided in this petition is with regard to prayer of the petitioner to release one month notice pay and 588 earned leave along with 12% interest from the date of retirement i.e. 24.9.2001, to the petitioner. In support the above prayer, no rules or regulations of the Bank is produced on record, which entitles the petitioner to seek such benefit from the respondent-the Baroda Central Cooperative Bank Limited. Mr. Nilesh Pandya, learned counsel for the respondent-Bank, submits that, while in service, the petitioner was involved in bill discounting facility to the tune of Rs.2.54 crores and a criminal case is pending against the petitioner. So far as the leave encashment, etc. is concerned, the petitioner at the most can claim the benefit of 300 days of earned leave salary and no interest can be paid in view of extension of petitioner in service after he retired from service on 24.9.2001. Considering the facts and circumstances of the case and in absence of the Rules and now the Bank is under liquidation, no direction, as prayed for, can be given to the respondent-Bank. This petition is rejected. Notice is discharged with no order as to costs. (ANANT S. DAVE, J.) (swamy)