NEUTRAL CITATION
C/SCA/13667/2023 ORDER DATED: 09/08/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 13667 of 2023
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NARANBHAI VASABHAI DESAI
Versus
STATE OF GUJARAT
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Appearance:
MR MURALI N DEVNANI(1863) for the Petitioner(s) No. 1,2,3,4
for the Respondent(s) No. 2,3,4
MS. POOJA ASHAR, ASST. GOVERNMENT PLEADER for the
Respondent(s) No. 1
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CORAM:HONOURABLE MRS. JUSTICE MAUNA M. BHATT
Date : 09/08/2023
ORAL ORDER
1. Rule returnable forthwith. Learned Assistant Government Pleader waives service of notice of Rule on behalf of the respondent - State.
2. This petition under Article 226 of the Constitution of India is filed with the following prayers: -
(A) Your Lordships may be pleased to admit the petition;
(B) Your Lordships may be pleased to allow the petition by issuing a writ of mandamus or any other appropriate writ, direction and /or order in the nature of mandamus directing the respondents to release the benefits of 300 days unavailed leave encashment in favor of the petitioner with 12% interest per annum.Page 1 of 5 Downloaded on : Sun Sep 17 00:51:18 IST 2023
NEUTRAL CITATION C/SCA/13667/2023 ORDER DATED: 09/08/2023 undefined (C) Your Lordships may be pleased to direct the respondents to revise the pension as well as gratuity calculating from the date of initial appointment of the petitioner release the same along with arrears an 12% interest."
(D) Your Lordships may be pleased to award any such other and further relief as may be deemed just and expedient in the interest of justice.
3. Heard learned advocate Mr. Murali Devanani for the petitioners and learned Assistant Government Pleader Ms. Pooja Ashar the respondent - State.
4. Learned advocate for the petitioners submitted that the issue in the present petition pertains to grant of benefit of 300 days unavailed earned leave and not calculating the retirement benefits of the petitioners from the date of their appointment. The prayers in relation to other benefits, if any, referred in this petition, is not pressed at this stage.
4.1 He further pointed out that the issue involved in the present petition which is in relation to payment of leave encashment for 300 days leave as also counting the retirement benefits available to the petitioner sfrom the date of appointment, is no more res integra in view of decision of Hon'ble Supreme Court dated 01.09.2022, in Special Leave Petition (C) No. 7229 of 2022. Page 2 of 5 Downloaded on : Sun Sep 17 00:51:18 IST 2023
NEUTRAL CITATION C/SCA/13667/2023 ORDER DATED: 09/08/2023 undefined Learned advocate for the petitioners submitted that present petitioners were working with the respondents department with more than 3 decades and they had retired upon attaining the age of superannuation and therefore considering their continuous service the petitioners are entitled for the benefits of leave encashment.
5. In relation to leave encashment, the Irrigation Department, Gandhinagar, vide Government Resolution dated 21.10.2022 has taken a policy decision which reads as under: -
"According to the judgment of the Hon'ble Supreme Court referred in No. (1) above, since the Resolution of the Roads and Buildings Department dated 17-10-1988 also provides that the retirement benefits granted to daily workers include the benefit of "encashment of leave" also, as per the clause (5) of the State Litigation Policy of the State Government, daily wages workers are entitled to the benefit of conversion of leave into cash, the instructions in this regard regarding the payment of leave encashment to the daily wages worker petitioner under this section, instructions are hereby circulated as per the approval received vide informal note dated 17/10/2022 of the Finance Department on the equal numbered files as follows.
With reference to various claims filed before the Hon'ble Court, the petitioner daily wagers shall be paid the encashment of Page 3 of 5 Downloaded on : Sun Sep 17 00:51:18 IST 2023 NEUTRAL CITATION C/SCA/13667/2023 ORDER DATED: 09/08/2023 undefined accrued leave (within the maximum limit of 300 leave accumulated) in cash as is being paid for regular services as per the policy of the Government, by calculating leave as per the rules on the basis of the service record of the daily workers.
(1) Payment in case of retired petitioners who have completed 70 years of age as on 01/10/2022, shall be made by 31/10/2022, (2) Payment to the remaining retired petitioner daily workers will be within three months i.e. by 31/12/2022."
6. It is also not in dispute that for counting entire length of service for payment of retiral benefits, the decision of this Court in the case of Executive Engineer, Panchayat (Maa & M) Department Vs. Samudabhai Jyotibhai Bhedi, reported in 2017 (4) GLR 2952 would be applicable.
7. The above factual position could not be controverted by learned Assistant Government Pleader for the respondent - State.
8. In view of the abovesaid position, this Court deems it appropriate to direct the respondents to undertake scrutiny of each case of the petitioners herein, and upon such scrutiny, if petitioners are found eligible then a proposal shall be forwarded to the State Authorities in this regard and thereafter, the State Authority shall consider proposal of the petitioner herein Page 4 of 5 Downloaded on : Sun Sep 17 00:51:18 IST 2023 NEUTRAL CITATION C/SCA/13667/2023 ORDER DATED: 09/08/2023 undefined expeditiously and in consonance with the State policy.
9. It is reported that in many of such matters, the concerned department has already moved a proposal to the State Government in this regard. However, wherever such proposal is not moved, the same shall be moved by the concerned department within a period of eight weeks from the date of receipt of copy of writ of this order.
10. The aforesaid exercise shall be completed within a period of twelve weeks from today.
11. With the aforesaid, the petition stands disposed of. Rule made absolute to the aforesaid extent. Direct service is permitted.
(MAUNA M. BHATT,J) prk Page 5 of 5 Downloaded on : Sun Sep 17 00:51:18 IST 2023