Gujarat High Court
Valjibhai Shantilal Makasana vs State Of Gujarat on 28 April, 2023
Bench: Mauna M. Bhatt
C/SCA/7465/2023 ORDER DATED: 28/04/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 7465 of 2023
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VALJIBHAI SHANTILAL MAKASANA
Versus
STATE OF GUJARAT
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Appearance:
MR. MUKESH T MISHRA(5900) for the Petitioner(s) No. 1
for the Respondent(s) No. 2,3
MS NIRALI SARDA, AGP for the Respondent - State.
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CORAM:HONOURABLE MRS. JUSTICE MAUNA M. BHATT
Date : 28/04/2023
ORAL ORDER
1. This petition is filed under Article 226 of the Constitution
of India with the following prayers:-
(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 petitioner in light of judgment passed by
this Hon'ble Court and uphled by Hon'ble
C/SCA/7465/2023 ORDER DATED: 28/04/2023
Supreme Court of India on 1-9-2022.
(C) Any other and such further relief as the
Hon'ble Court deems fit and proper in the
interest of justice together with costs;
2. Heard learned advocate Mr. M. T. Mishra for the
petitioner. He submitted that issue in the present petition
pertains to leave encashment of 300 days of Earned Leave.
Any prayer, if made in the present petition, other than that of
leave encashment, would not be pressed. He submitted that as
the petitioner was not granted benefit of leave encashment, a
legal notice dated 06.03.2023 was served upon the respondent
Nos. 1, 2 and 3. In response to the said legal notice, the
petitioner received a communication dated 19.04.2023 by the
Deputy Executive Engineer, Irrigation Department, Halvad
stating that the calculation in relation to the leave encashment
of the petitioner has been made. He submitted that therefore,
the respondents may be directed to give effect to the
communication dated 19.04.2023.
3. Learned Assistant Government Pleader Ms. Nirali Sarda
for the respondent - State submitted that they are not in
receipt of any such communication. However, she could not
controvert the fact that the Irrigation Department,
Gandhinagar has issued a Government Resolution dated
21.10.2022 and taken a policy decision which reads as under:-
"According to the judgment of the Hon'ble
Supreme Court referred in No. (1) above,
C/SCA/7465/2023 ORDER DATED: 28/04/2023
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."
4. Considering the submissions of both the parties, the
respondents are directed to take action in consonance with the
C/SCA/7465/2023 ORDER DATED: 28/04/2023
Government Resolution dated 21.10.2022 as also the
communication dated 19.04.2023. Let this exercise be
completed as expeditiously as possible but not beyond the
period of 4 weeks from the date of receipt of this order.
5. With the above direction, this petition is disposed of. No
order as to costs. Direct service is permitted.
(MAUNA M. BHATT,J)
SHRIJIT PILLAI
