Gujarat High Court
Naranbhai Vasabhai Desai vs State Of Gujarat on 9 August, 2023
Bench: Mauna M. Bhatt
NEUTRAL CITATION
C/SCA/13667/2023 ORDER DATED: 09/08/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 13667 of 2023
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NARANBHAI VASABHAI DESAI
Versus
STATE OF GUJARAT
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Appearance:
MR MURALI N DEVNANI(1863) for the Petitioner(s) No. 1,2,3,4
for the Respondent(s) No. 2,3,4
MS. POOJA ASHAR, ASST. GOVERNMENT PLEADER for the
Respondent(s) No. 1
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CORAM:HONOURABLE MRS. JUSTICE MAUNA M. BHATT
Date : 09/08/2023
ORAL ORDER
1. Rule returnable forthwith. Learned Assistant Government
Pleader waives service of notice of Rule on behalf of the
respondent - State.
2. This petition under Article 226 of the Constitution of India is
filed with the following prayers: -
(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 petitioner with 12% interest per annum.
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C/SCA/13667/2023 ORDER DATED: 09/08/2023
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(C) Your Lordships may be pleased to direct
the respondents to revise the pension as well
as gratuity calculating from the date of initial
appointment of the petitioner release the
same along with arrears an 12% interest."
(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.
3. Heard learned advocate Mr. Murali Devanani for the
petitioners and learned Assistant Government Pleader Ms. Pooja
Ashar 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 their appointment.
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 petitioner sfrom the date of 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.
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C/SCA/13667/2023 ORDER DATED: 09/08/2023
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Learned advocate for the petitioners submitted that present
petitioners were working with the respondents department with
more than 3 decades and they had retired upon attaining the age
of superannuation and therefore considering their continuous
service the petitioners are entitled for the benefits of leave
encashment.
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
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
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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. It is also not in dispute that for counting entire length of
service for payment of retiral benefits, the decision of this Court
in the case of Executive Engineer, Panchayat (Maa & M)
Department Vs. Samudabhai Jyotibhai Bhedi, reported in
2017 (4) GLR 2952 would be applicable.
7. The above factual position could not be controverted by
learned Assistant Government Pleader for the respondent - State.
8. In view of the abovesaid position, this Court deems it
appropriate to direct the respondents to undertake scrutiny of
each case of the petitioners herein, and upon such scrutiny, if
petitioners 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 the petitioner herein
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expeditiously and in consonance with the State policy.
9. 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.
10. The aforesaid exercise shall be completed within a period of
twelve weeks from today.
11. With the aforesaid, the petition stands disposed of. Rule
made absolute to the aforesaid extent. Direct service is
permitted.
(MAUNA M. BHATT,J)
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