NEUTRAL CITATION
C/SCA/7195/2023 ORDER DATED: 22/08/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 7195 of 2023
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HIRABEN KESHAJI THAKOR W/O KESHAJI JAGAJI THAKOR
Versus
STATE OF GUJARAT
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Appearance:
MR PH PATHAK(665) for the Petitioner(s) No. 1
MS REENA M KAMANI(6007) for the Petitioner(s) No. 1
MS NIRALI SHARDA, AGP for the Respondent(s) No. 1,2
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CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 22/08/2023
ORAL ORDER
1. Heard learned advocate Ms. Reena Kamani on behalf of the petitioner and learned Assistant Government Pleader Ms. Nirali Sharda on behalf of the respondent - State.
2. By way of this petition, the petitioner has sought for grant of leave encashment more particularly relying upon the policy of the State Government as stated in circulation dated 17.10.1988 and reiterated by various judgments of this Court as well as of the Hon'ble Apex Court.
3. Considering the submissions made by learned advocates for the respective parties, it would appear that the husband of the present petitioner had joined services of the respondent Page 1 of 5 Downloaded on : Sun Sep 17 02:05:17 IST 2023 NEUTRAL CITATION C/SCA/7195/2023 ORDER DATED: 22/08/2023 undefined no.2 in the year 1978 and whereas the husband of the petitioner retired from service in the year 2004 after completing 22 years of service. It would appear that during the time when the late husband of the petitioner was serving, he was not granted any benefits as available to an such employee under circulation of the State Government dated 17.10.1988.
3.1. It would appear that the husband of the petitioner had passed away on 11.04.2009 and whereas later on, the petitioner had approached this Court by filing Special Civil Application No. 13545 of 2015 inter alia seeking for grant of pension as well as other retiral benefits as per the Government Resolution dated 17.10.1988. It would appear that vide an order dated 15.09.2015, a learned Coordinate Bench of this Court had directed the State Government to grant pension and other benefits to the present petitioner more particularly the pensionary benefits as well as other consequential benefits were to be paid to the petitioner with interest at the rate of 9% p.a. 3.2. It would appear that the State had preferred an appeal against the decision of the learned Coordinate Bench and Page 2 of 5 Downloaded on : Sun Sep 17 02:05:17 IST 2023 NEUTRAL CITATION C/SCA/7195/2023 ORDER DATED: 22/08/2023 undefined whereas, vide judgment dated 28.06.2016, the Hon'ble Division Bench of this Court had modified the said order qua the interest part and whereas, rest of the directions were directed to be complied with by the appellant State. It would appear that since the State did not feel a need to comply with the order passed by the Hon'ble Division Bench of this Court, the petitioner was required to prefer an application under the Contempt of Courts Act and whereas, the State thereupon had made appropriate payment to the petitioner on 22.10.2016. 3.3. It would appear that though the earlier orders i.e. of the learned Coordinate Bench as well as the Hon'ble Division Bench of this Court should have ensured that all the dues which should have been paid to the petitioner were paid, yet, the respondents had decided to leave out the amount of leave encashment as payable to the late husband of the petitioner for reasons best known to themselves. It would appear that though the learned Coordinate Bench has clearly noted that the petitioner was entitled to all the benefits under Government Resolution dated 17.10.1988 which resolution inter alia envisaged payment of leave encashment to the employees, yet, inspite of two rounds of litigation and inspite Page 3 of 5 Downloaded on : Sun Sep 17 02:05:17 IST 2023 NEUTRAL CITATION C/SCA/7195/2023 ORDER DATED: 22/08/2023 undefined of order passed by the Hon'ble Division Bench taking up contempt matters, the respondents had not paid the amount of leave encashment in favour of the petitioner.
4. Learned advocate Ms. Kamani would also rely upon a decision of the Hon'ble Apex Court dated 01.09.2022 rendered in case of State of Gujarat & Others vs. Mangalbhai Nanbhai Baria & Others [SLP No. 7229/2022 and allied matters] whereby, the Hon'ble Apex Court had inter alia observed that as per the Government Resolution dated 17.10.1988, the employees who are eligible are entitled to get leave encashment. It would appear that the respondent State pursuant to the order of the Hon'ble Apex Court had issued a Circular dated 13.12.2022 whereby, it is inter alia stated that for those persons who had approached the Court, the amount of leave encashment would be paid by 31.12.2022.
5. Be that as it may, it would appear that the fact of the petitioner being entitled to all the benefits of Government Resolution dated 17.10.1988 has been settled at the stage of order dated 15.09.2015 by the learned Coordinate Bench of this Court and whereas, the Hon'ble Division Bench of this Court had interfered with the said order insofar as the Page 4 of 5 Downloaded on : Sun Sep 17 02:05:17 IST 2023 NEUTRAL CITATION C/SCA/7195/2023 ORDER DATED: 22/08/2023 undefined payment of interest is concerned. It would appear that the leave encashment being an integral part of the benefits which the employee would be entitled to under the Government Resolution dated 17.10.1988, there should not be any reason whatsoever to not to pay such amount to the present petitioner. It would also appear that the said aspect has been reiterated by the Hon'ble Apex Court vide order dated 01.09.2022 referred to herein above.
6. Considering the same, the respondents are directed to ensure that a proposal for paying benefit of leave encashment due to the late husband of the petitioner shall be forwarded to the State Authorities and thereafter, the State shall consider proposal of the petitioner expeditiously and in consonance with the State Policy. Such exercise shall be completed by the respondents within a period of six weeks from the date of receipt of this order.
7. With the above observations and directions, the present petition stands disposed of as allowed.
(NIKHIL S. KARIEL,J) Bhoomi Page 5 of 5 Downloaded on : Sun Sep 17 02:05:17 IST 2023