identically situated and since the authority is well
aware about the settled principle of law, there is
hardly any distinguishable material available with
the authority not to obey the order. In fact, from
the beginning, the respondent authority is well aware
about this settled preposition of law laid down in
various decisions, still, in contemptuous manner, is
not inclined to extend the benefit and as such,
adverse notice be taken for taking strict view in the
matter. Learned advocate Mr. Dave has also drawn the
attention of this Court on representation dated
25.10.2018 attached to the petition compilation on
page 22 and thereby, has submitted that these
petitioners are entitled to all the legitimate
benefits as claimed and therefore, the same is not
only discriminatory but also violative of Article 14
and 16 of the Constitution of India. Learned advocate
Mr. Dave has submitted that the petitioners are ready
and willing to file even an undertaking with respect
to benefit of leave encashment that if decision in
the pending appeal is passed against the employees,
then the said benefit be adjusted towards the
pensionary benefit payable to the petitioners and
such undertaking would be filed by the respective
petitioners within the time scheduled which may
provided by this Court. In addition thereto, learned
advocate Mr. Dave has submitted that even the
petitioners who have not completed 240 days in any
respective year, then that year may not be considered
for actual benefit for that year and considering the
