Kalubhai Chhaganbhai Mahida vs State Of Gujarat

    C/SCA/13797/2013                                 JUDGMENT DATED: 23/02/2023




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/SPECIAL CIVIL APPLICATION NO. 13797 of 2013


FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE                                Sd/-
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1    Whether Reporters of Local Papers may be allowed                      No
     to see the judgment ?

2    To be referred to the Reporter or not ?                               No

3    Whether their Lordships wish to see the fair copy                     No
     of the judgment ?

4    Whether this case involves a substantial question                     No
     of law as to the interpretation of the Constitution
     of India or any order made thereunder ?

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                       KALUBHAI CHHAGANBHAI MAHIDA
                                  Versus
                        STATE OF GUJARAT & 2 other(s)
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Appearance:
MS ARCHANA U AMIN(2462) for the Petitioner(s) No. 1
MS TEJAL B RAJPUT AGP for the Respondent(s) No. 1,2,3
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    CORAM:HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE

                              Date : 23/02/2023
                              ORAL JUDGMENT

The present Special Civil Application is filed praying for the following reliefs:-

"6[A] appropriate writ, order or direction directing the respondent to pay the amount of accumulated earned leave of 240 days to the petitioner as per the Circulars of the Respondent No.1 issued from time to time.

C/SCA/13797/2013 JUDGMENT DATED: 23/02/2023 [B] pending admission and final hearing of this petition direct the respondents to initiate prompt action to calculate the amount of earned leave of the petitioner and to sanction the same;"

2. It is submitted by learned advocate Mr. Krishnan M. Ghavariya appearing for Ms. Archana Amin, learned advocate for the petitioner, that by G.R. dated 7.10.2022, now the issue has been settled. The State Government has taken a policy decision to grant leave encashment to the Daily Wagers who are granted benefits of G.R. dated 17.10.1988. He has further placed reliance on the decision of this Court where leave encashment has been granted which has been confirmed till the Hon'ble Supreme Court vide order dated 1.9.2022 in Special Leave to Appeal (C) No.7229 of 2022.

3. Learned AGP Ms. Tejal Rajput for the respondents does not dispute the legal position and submits that vide G.R. dated 7.10.2022, the State Government has taken a policy decision to grant leave encashment to the employees, who are granted benefits of the G.R. dated 17.10.1988.

4. In view of the subsequent developments and the G.R. dated 7.10.2022, the present Special Civil Application is allowed. The Page 2 of 3 Downloaded on : Fri Feb 24 20:49:08 IST 2023 C/SCA/13797/2013 JUDGMENT DATED: 23/02/2023 respondents are directed to extend the benefit of encashment of 240 days earned leave to the petitioner in terms of G.R. dated 7.10.2022. The said amount shall be paid to the petitioner within a period of 6 weeks from the date of receipt of this order. Present Special Civil Application, accordingly, stands disposed of. Rule is made absolute.

Direct Service is permitted.

Sd/-

(ANIRUDDHA P. MAYEE, J.) KAUSHIK D. CHAUHAN Page 3 of 3 Downloaded on : Fri Feb 24 20:49:08 IST 2023