Gujarat High Court
Surajben Prabhubhai Rathod vs State Of Gujarat on 29 April, 2023
Bench: Mauna M. Bhatt
C/SCA/7704/2023 JUDGMENT DATED: 29/04/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 7704 of 2023
FOR APPROVAL AND SIGNATURE:
HONOURABLE MRS. JUSTICE MAUNA M. BHATT sd/-
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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 ?
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SURAJBEN PRABHUBHAI RATHOD & 1 other(s)
Versus
STATE OF GUJARAT & 2 other(s)
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Appearance:
KRISHNAN M GHAVARIYA(8133) for the Petitioner(s) No. 1,2
for the Respondent(s) No. 2,3
MS NIRALI SARDA, LD.ASSTT. GOVERNMENT PLEADER/PP for the
Respondent(s) No. 1
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CORAM:HONOURABLE MRS. JUSTICE MAUNA M. BHATT
Date : 29/04/2023
ORAL JUDGMENT
1. Rule returnable forthwith. Learned Assistant Government
Pleader waives service of notice of Rule on behalf of the
respondent - State.
C/SCA/7704/2023 JUDGMENT DATED: 29/04/2023
2. This petition under Article 226 of the Constitution of
India is filed with the following prayers: -
"15. The petitioner, therefore, humbly pray
that:
(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
leave encashment in favor of the petitioners
with 12% interest per annum
(C) Your Lordships may be pleased to
direct the respondents to revise the gratuity
of the petitioners by taking into
consideration their entire period of service
from their date of appointment till their date
of retirement in the interest of justice.
(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."
C/SCA/7704/2023 JUDGMENT DATED: 29/04/2023
3. Heard learned advocate Mr.Krishnan M. Ghavariya 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 gratuity
taking into consideration the entire period of service of the
petitioners. The prayers in relation to other benefits, if any,
referred in this petition, is not pressed at this stage.
4.1 He 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
petitioners submitted that present petitioners were working
with the respondent 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 as well as gratuity.
4.2. He pointed that by Government Resolution dated
C/SCA/7704/2023 JUDGMENT DATED: 29/04/2023
13.12.2022 of Forest and Environment 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. The above factual position could not be controverted by
learned Assistant Government Pleader for the respondent -
State.
6. In view of the above said position and considering
Government Resolution dated 13.12.2022 of Forest and
Environment Department, 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 thereafter, the State
Authority shall consider proposal of each of the petitioners
herein expeditiously and in consonance with the State policy.
7. 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.
C/SCA/7704/2023 JUDGMENT DATED: 29/04/2023
8. The aforesaid exercise shall be completed within a period
of twelve weeks from today.
9. With the aforesaid, the petition stands disposed of. Rule
made absolute to the aforesaid extent. Direct service is
permitted.
sd/-
(MAUNA M. BHATT,J)
DIPTI PATEL
