C/SCA/22884/2022 ORDER DATED: 13/02/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 22884 of 2022
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KANTABEN RAGHALABHAI PATEL
Versus
STATE OF GUJARAT
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Appearance:
MR MURALI N DEVNANI(1863) for the Petitioner(s) No. 1,2,3
MS. NIRALI SARDA, AGP, for the Respondent(s) No. 1
DS AFF.NOT FILED (N) for the Respondent(s) No. 1
MR RUTVIJ M BHATT(2697) for the Respondent(s) No. 3
NOTICE SERVED BY DS for the Respondent(s) No. 2,4
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CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE
Date : 13/02/2023
ORAL ORDER
1. RULE returnable forthwith. Learned AGP waives service of notice of rule for and on behalf of the respondent-State.
2. The present petition is filed claiming leave encashment and pension which has not been granted to the petitioners.
3. By way of this petition, the petitioners are claiming for the following reliefs :
"(B) Your Lordships may be pleased to allow this petition by issuing a writ of mandamus or any the appropriate writ, direction and/or order in the nature of mandmaus directing the respondents to release the benefits of 300 days unavailed leave encashment in favour of the petitioners with 12% interest per annum.
(B) our Lordships may be pleased to direct the respondents to revise the pension calculating from the date of initial appointment of the petitioners release the same alongwith arrears and 12% interest.Page 1 of 3 Downloaded on : Thu Feb 16 21:14:58 IST 2023
C/SCA/22884/2022 ORDER DATED: 13/02/2023
4. Learned advocate for the petitioners submitted that the petitioners were initially appointed as Daily Wagers with the respondent department and after rendering services for more than three decades, they retired from service. The claim of the petitioners is to grant all the benefits arising out of the GR dated 17.10.1988 and considering their continuous service, they claimed entitlement to leave encashment as well as pension.
5. Pursuant to the notice issued by this Court, learned AGP has drawn attention of this Court to a Circular dated 27 th October 2022 in connection with the aforesaid issue.
6. In case of leave encashment, vide Circular dated 7 th October 2022 of the Roads & Buildings Department, Gandhinagar, the State Government has also taken a policy decision which would reflect as under :
"According to the judgment of the Supreme Court dated 1.9.2022 in SLP (C) No.7229 of 2022 and since the resolution of the Roads & Buildings Department dated 17.10.1988 also provides that the retirement benefits granted to the daily wagers include the benefit of 'encashment of leave', as per Clause (5) of the State Litigation Policy of the State Government, the daily wagers are entitled to the benefit of leave encashment. The instructions in this regard are circulated after consultation and approval received through the informal note dated 3.10.2022 of even number file of the Finance Department.
With regard to the various claims filed before the Hon'ble Court, the petitioners - daily wagers shall be paid leave encashment (within the maximum limit of 300 leave) for the regular services as per the policy of the Government by calculating leave as per the rules and after verifying Page 2 of 3 Downloaded on : Thu Feb 16 21:14:58 IST 2023 C/SCA/22884/2022 ORDER DATED: 13/02/2023 their service record, in the following terms :
(1) Payment in case of retired petitioners - daily wagers who have completed 70 years as on 1.10.2022 shall be made latest by 31.10.2022.
(2) Payment to rest of the retired petitioners - daily wagers shall be made within a period of three months, i.e. latest by 31.12.2022."
7. In view of the aforesaid position, the Court deems it appropriate to direct the respondents to undertake scrutiny of individual cases of the petitioners herein, and upon such scrutiny if they are found to be entitled, then a proposal shall be forwarded to the State authorities in this regard and thereafter the State authorities shall consider proposal of the petitioners herein expeditiously and in consonance with the State policy.
8. 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 four weeks from the date of receipt of copy of writ of this order.
9. The aforesaid exercise shall be completed within a period of twelve weeks from today.
10. With the aforesaid, the petition stands disposed of. Rule made absolute to the aforesaid extent. Direct service is permitted.
(A.Y. KOGJE, J) SIDDHARTH Page 3 of 3 Downloaded on : Thu Feb 16 21:14:58 IST 2023