State Of Gujarat vs Tulsiben Harjibhai Patel
2021 Latest Caselaw 18279 Guj

      C/LPA/1065/2021                                    ORDER DATED: 09/12/2021




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/LETTERS PATENT APPEAL NO. 1065 of 2021
            In R/SPECIAL CIVIL APPLICATION NO. 15609 of 2019
                                  With
               CIVIL APPLICATION (FOR STAY) NO. 1 of 2021
              In R/LETTERS PATENT APPEAL NO. 1065 of 2021
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                             STATE OF GUJARAT
                                   Versus
                          TULSIBEN HARJIBHAI PATEL
==========================================================
Appearance:
MS URMILA DESAI, AGP for the Appellant(s) No. 1,2,3,4,5
for the Respondent(s) No. 1,2,3,4
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 CORAM:HONOURABLE MR. JUSTICE S.H.VORA
       and
       HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE

                        Date : 09/12/2021
                          ORAL ORDER

(PER : HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE)

ORDER IN R/LETTERS PATENT APPEAL NO. 1065 of 2021

1. The present Letters Patent Appeal is filed against the order dated 11.12.2020 in Special Civil Application No.15609 of 2019.

2. The brief facts of the present appeal are :-

2.1 The respondents worked as Rojamdar with the appellant Nos.3 and 4 for more than three decades and have retired upon attaining the age of superannuation. It is the case of the respondents that since they have rendered more than 20 years of service, they are eligible for the benefits payable to any other regular employee upon retirement. They were paid their retiral benefits such as pension and gratuity, however they were not granted the leave encashment for the claim of 300 days unavailed

C/LPA/1065/2021 ORDER DATED: 09/12/2021

privilege leave. Aggrieved, the respondents preferred Special Civil Application No. 15609 of 2019 praying for the following reliefs :-

               "(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 privilege leave in favor of the petitioners as envisaged in the Government Resolution dated 17-10-1988 with 12% interest per annum.

(C) Pending the present petition Your Lordships may be pleased to direct the respondent authorities to grant the benefits flowing from the Government Resolution dated 17-10-1988 forthwith subject to the outcome of the present proceedings.

(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."

2.2 By the impugned judgment and order dated 11.12.2020, the learned Single Judge was pleased to allow the Special Civil Application placing reliance on the judgment of this Court in case of State of Gujarat & Anr. vs. Mahendrakumar Bhagvandas & Anr. reported in 2011 (2) GLR 1290 and directed the respondent therein to calculate the amount towards the encashment of the unavailed privilege leave to the extent of 300 days and make the necessary payment to the respondents herein.

2.3 Aggrieved, the appellants have preferred the present Letters Patent Appeal.

3. Ms. Urmila Desai, learned Assistant Government Pleader argued that the Government Resolution dated 17.10.1988 did not entitle the daily-wager employees for the benefit of

C/LPA/1065/2021 ORDER DATED: 09/12/2021

encashment of 300 days unavailed privilege leave. It was further argued that the various government resolutions issued by the State Government also do not grant any such relief of leave encashment to daily-wager and therefore, the respondents herein are not entitled to the relief prayed for.

4. This Court has given its anxious consideration to the submissions, documents on record and the legal position emanating in the impugned judgment and order.

5. Upon being specifically asked about the applicability of the judgment of this Court in case of Mahendrakumar Bhagvandas (supra), learned AGP could not dispute the same. This Court finds that the said judgment and the legal position emanating therefrom is applicable to the respondents in the present Letters Patent Appeal. The learned Single Judge has rightly applied the said ratio to grant the relief to the respondents.

6. In view of aforesaid, no interference is called for in the impugned judgment and order passed by the learned Single Judge. The Letters Patent Appeal is dismissed. No order as to the cost.

ORDER IN CIVIL APPLICATION (FOR STAY) NO. 1 of 2021

In view of dismissal of main Letters Patent Appeal, the Civil Application for stay does not survive and stands disposed of.

(S.H.VORA, J)

(ANIRUDDHA P. MAYEE,J)

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