NEUTRAL CITATION
C/SCA/12472/2023 ORDER DATED: 04/09/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 12472 of 2023
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HAMIRBHAI SATABHAI MUNDHVA
Versus
STATE OF GUJARAT
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Appearance:
MR. MUKESH T MISHRA(5900) for the Petitioner(s) No. 1,2
for the Respondent(s) No. 2,3
MS NIRALI SARDA ASSISTANT GOVERNMENT PLEADER/PP for the
Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 04/09/2023
ORAL ORDER
1. Heard learned Advocate Mr. Mukesh Mishra on behalf of the petitioners and learned Assistant Government Pleader Ms. Nirali Sarda for the respondent-State.
2. Rule returnable forthwith. Learned Assistant Government Pleader waives service of notice of Rule on behalf of the respondent - State.
3. By way of this petition, the petitioners have sought for the following prayers :
"9(A) That Your Lordships be pleased to issue an order, direction and/or writ in the nature of mandamus and/or any other appropriate writ, order or direction, directing the respondents to extend the benefit of 300 days leave encashment with 6% simple interest.
(B) Pending admission and final disposal of this petition, Your Lordships be pleased to direct the respondents to consider the case of Page 1 of 4 Downloaded on : Sat Sep 16 15:56:36 IST 2023 NEUTRAL CITATION C/SCA/12472/2023 ORDER DATED: 04/09/2023 undefined petitioners in light of judgement passed by this Hon'ble Court and upheld by Hon'ble Supreme Court of india on 01.09.2022.
(C) Any other and such further relief as the Hon'ble Court deems fit and proper in the interest of justice together with costs.
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. The prayers in relation to other benefits, if any, referred in this petition, is not pressed at this stage.
4.1 Learned Advocates for the parties would submit that the issue involved in the present petition, more particularly with regard to grant of benefit of encashment of 300 days unavailed leave, is no more res integra, more particularly in view of the decision of the Hon'ble Apex Court dated 01.09.2022, in Special Leave Petition (C) No. 7229 of 2022. It would appear that the deceased husband of petitioners had worked for approximately 10 years with the respondent-Department and whereas the petitioners in view of the Government Resolution dated 17.10.1988 would be entitled for leave encashment.
4.2. Learned Advocate pointed that by Government Resolution dated 21.10.2022, of Irrigation Department, Gandhinagar had issued directives for implementation of the decision of the Hon'ble Supreme Court in Special Leave Petition (C) No.7229 of 2022.
4.3. In relation to leave encashment vide Government Resolution dated 21.10.2022, issued by Irrigation Department, Government has also taken a policy decision which reads as under: -
"According to the judgment of the Hon'ble Supreme Court referred Page 2 of 4 Downloaded on : Sat Sep 16 15:56:36 IST 2023 NEUTRAL CITATION C/SCA/12472/2023 ORDER DATED: 04/09/2023 undefined 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 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."
5. The above factual position could not be controverted by learned Assistant Government Pleader for the respondent - State.
6. Considering the above position, more particularly since it appears that the issue has been decided by this Court and even by the Hon'ble Apex Court and whereas since the State has also issued guidelines, as to how the said benefit has to be computed, in the considered opinion of this Court, the present petition could be disposed of with the following directions, which would meet the ends of justice.
(A) The respondent authorities concerned shall undertake a
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NEUTRAL CITATION
C/SCA/12472/2023 ORDER DATED: 04/09/2023
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scrutiny of the case of the petitioners, more particularly for grant of benefit of 300 days leave encashment and whereas if the petitioners is found eligible, then the State Government shall consider the proposal for grant of leave encashment and pass appropriate orders within a stipulated time frame.
(B) The respondent authorities concerned shall conduct the above referred scrutiny within a period of 04 weeks from the date of receipt of this order and whereas appropriate proposal for grant of leave encashment shall be moved to the State Government within such time.
(C) Upon such proposal being received by the concerned Department, the same shall be considered and a final decision of including payment shall be taken by the State within a period of 08 weeks from the date of receipt of such proposal.
With the above observations and directions, the present petition stand disposed of. Rule is made absolute to the aforesaid extent. Direct service is permitted.
(NIKHIL S. KARIEL,J) NIRU Page 4 of 4 Downloaded on : Sat Sep 16 15:56:36 IST 2023