Gujarat High Court
Janakbhai Chandubhai Parmar vs State Of Gujarat on 29 April, 2023
Bench: Mauna M. Bhatt
C/SCA/7782/2023 JUDGMENT DATED: 29/04/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 7782 of 2023
FOR APPROVAL AND SIGNATURE:
HONOURABLE MRS. JUSTICE MAUNA M. BHATT
==========================================================
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 ?
==========================================================
JANAKBHAI CHANDUBHAI PARMAR
Versus
STATE OF GUJARAT
==========================================================
Appearance:
MS. ARCHITA M PRAJAPATI(8241) for the Petitioner(s) No. 1,2,3,4,5
for the Respondent(s) No. 2,3
MS. NIRALI SARDA, ASST. GOVERNMENT PLEADER, for the
Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MRS. JUSTICE MAUNA M. BHATT
Date : 29/04/2023
ORAL JUDGMENT
1. Rule returnable forthwith. Learned Assistant Government
Pleader Ms. Nirali Sarda waives service of notice of Rule on
behalf of the respondent - State.
C/SCA/7782/2023 JUDGMENT DATED: 29/04/2023
2. This petition under Article 226 of the Constitution of India
is filed with the following prayers: -
(A) That this Hon'ble court be pleased to
hold and declare that the Petitioners is
entitled for leave encashment of 300 days at
par with other Employees of the
Respondents and accordingly be pleased to
direct the Respondents to pay the amount
towards leave encashment to the Petitioners
considering the initial date of appointment of
the Petitioners as mentioned in the Pension
Payment Order;
(B) That this Hon'ble Court may be pleased
to issue a writ of mandamus or any other
appropriate writ, order or direction, directing
the Respondents to hold and declare that
the Petitioners shall be paid all benefits like
Transport Allowance, Travelling Allowance,
Transfer Travelling Allowance, Leave Travel
Concession and other benefits at par with
the Permanent Employees;
(C) Pending hearing and final disposal of
the present petition, Your Lordships may be
pleased to direct the Respondent Authorities
to forthwith consider the case of the
petitioners for extending Transport
Allowance, Travelling Allowance, Transfer
Travelling Allowance, leave Travel
Concession, payment of 300 days leave
encashment considering the total length of
service rendered by the Petitioners and pay
the same in light of the law laid down by this
Hon'ble Court and confirmed by the Hon'ble
C/SCA/7782/2023 JUDGMENT DATED: 29/04/2023
Apex Court.
(D) Any other relief which may deem fit
and proper in the facts and circumstances of
the case may please be granted.
3. Heard learned advocate Ms. Archita Prajapati for the
petitioners and learned Assistant Government Pleader Ms.
Nirali Sarda for the respondent - State.
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 and not calculating the
retirement benefits of the petitioners from the date of
appointment. The prayers in relation to other benefits, if any,
referred in this petition, is not pressed at this stage.
4.1 She further pointed out that the issue involved in the
present petition which is in relation to payment of leave
encashment for 300 days leave as also counting the retirement
benefits available to the petitioners from the date of their
appointment, is no more res-integra in view of decision of
Hon'ble Supreme Court dated 01.09.2022, in Special Leave
Petition (C) No. 7229 of 2022. Learned advocate for the
petitioner submitted that present petitioners were working
C/SCA/7782/2023 JUDGMENT DATED: 29/04/2023
with the respondent No. 3 department with more than 3
decades and they all had retired upon attaining the age of
superannuation and therefore considering their continuous
service they are entitled for the benefits of leave encashment.
4.2 She pointed out 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.
5. In relation to leave encashment, the Irrigation
Department, Gandhinagar, vide Government Resolution dated
21.10.2022 has taken a policy decision which reads as under: -
"According to the judgment of the Hon'ble
Supreme Court referred 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
C/SCA/7782/2023 JUDGMENT DATED: 29/04/2023
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."
6. The above factual position could not be controverted by
learned Assistant Government Pleader for the respondent -
State.
7. In view of the abovesaid position, this Court deems it
appropriate to direct the respondents to undertake scrutiny of
individual cases of each of the petitioners herein, and upon
such scrutiny, if they are found eligible then a proposal shall be
forwarded to the State Authorities in this regard and
C/SCA/7782/2023 JUDGMENT DATED: 29/04/2023
thereafter, the State Authority shall consider proposal of each
of the petitioners herein expeditiously and in consonance with
the State policy.
8. It is reported that in many of such matters, the
concerned department has already moved a proposal to the
State Government in this regard. However, wherever such
proposal is not moved, the same shall be moved by the
concerned department within a period of eight weeks from the
date of receipt of copy of writ of this order.
9. The aforesaid exercise shall be completed within a period
of twelve weeks from today.
10. With the aforesaid, the petition stands disposed of. Rule
is made absolute to the aforesaid extent. Direct service is
permitted.
(MAUNA M. BHATT,J)
prk
