Gujarat High Court
State Of Gujarat vs Baria Sanabhai Sardarbhai on 3 February, 2021
Bench: Ashutosh J. Shastri
C/LPA/185/2021 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/LETTERS PATENT APPEAL NO. 185 of 2021
In R/SPECIAL CIVIL APPLICATION NO. 17587 of 2019
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2020
In R/LETTERS PATENT APPEAL NO. 185 of 2021
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STATE OF GUJARAT
Versus
BARIA SANABHAI SARDARBHAI
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Appearance:
GOVERNMENT PLEADER(1) for the Appellant(s) No. 1,2,3
for the Respondent(s) No.
1,10,11,12,13,14,15,16,17,18,19,2,20,21,22,23,24,25,26,27,28,29,3,30,31,32,
33,34,35,36,37,38,39,4,40,41,42,43,44,45,46,47,48,49,5,50,51,52,53,54,55,5
6,57,58,59,6,60,61,62,63,64,7,8,9
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CORAM: HONOURABLE THE CHIEF JUSTICE MR. JUSTICE VIKRAM
NATH
and
HONOURABLE MR. JUSTICE ASHUTOSH J. SHASTRI
Date : 03/02/2021
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MR. JUSTICE VIKRAM
NATH)
1. Heard Ms. Shruti Pathak, learned Assistant Government
Pleader for the appellant-State.
2. Learned Single Judge has allowed the writ petition filed
by the respondents-writ petitioners claiming the benefits
of payment of leave encashment of 300 days. Operative
portion of the judgment of the learned Single Judge reads
C/LPA/185/2021 ORDER
as follows:
"6. In view of above position of law emerging, the
present petition deserves to be allowed. The
respondents are directed to extend the benefit of
leave encashment of 300 days to the petitioners
on their retirement. However, it will be open for
the authorities to verify about the admissibility of
300 days for conversion into leave encashment as
clarified by the Division Bench as per paragraph
6 reproduced hereinabove. Upon the petitioners
having been found entitled to 300 days leave,
after undertaking above exercise, the benefit shall
be paid to the petitioners within period of 8 weeks
from the date of receipt of the writ of this order."
7. The petition is allowed accordingly to the
aforesaid extent. Rule is made absolute in the
said terms."
3. Before us, the learned Assistant Government Pleader Ms.
Pathak submitted that no liberty has been given to the
State to examine as to whether or not the petitioners
(respondents in this appeal) have accumulated the
required number of days in their leave account for
purpose of grant of payment of 300 days' leave. Insofar as
the entitlement of the petitioners(respondents herein) for
C/LPA/185/2021 ORDER
the benefit of leave encashment is concerned, there is no
issue. Learned Assistant Government Pleader further
submitted that as there is clear mandamus issued to the
respondents in the petition (appellants herein) to make
payment of leave encashment of 300 days, it may be
inappropriate that without verifying about the
admissibility of the entire period of leave encashment,
amount may be released.
4. To this limited extent, the modification has been sought.
5. Normally, we would have issued notice to the
respondents in the appeal, but considering the nature of
relief pressed, which appears to be innocuous and even
otherwise it is fair and reasonable that the State
authorities (employers) may verify from the record
regarding entitlement, we are not issuing notice to the
respondents herein as apparently no prejudice would be
caused to them by the modification sought.
6. Thus without disturbing the entitlement allowed by the
learned Single Judge, we dispose of this appeal with the
limited modification that before making the payment, the
appellants would verify about the admissibility of 300
C/LPA/185/2021 ORDER
days for conversion into leave encashment as per the
direction given by the learned Single Judge considering
the total length of the service of the writ petitioners,
respondents herein.
7. In case, the respondents feel aggrieved by this order, they
would be free to apply for recall of this order.
8. With the above modification, the appeal is disposed of.
Consequently, connected civil application for stay is
disposed of.
(VIKRAM NATH, CJ)
(ASHUTOSH J. SHASTRI, J)
A.M. PIRZADA
