Hiraben Keshaji Thakor W/O ... vs State Of Gujarat
2023 Latest Caselaw 6145 Guj

                                                                             NEUTRAL CITATION




     C/SCA/7195/2023                           ORDER DATED: 22/08/2023

                                                                              undefined




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/SPECIAL CIVIL APPLICATION NO. 7195 of 2023

==========================================================
       HIRABEN KESHAJI THAKOR W/O KESHAJI JAGAJI THAKOR
                             Versus
                       STATE OF GUJARAT
==========================================================
Appearance:
MR PH PATHAK(665) for the Petitioner(s) No. 1
MS REENA M KAMANI(6007) for the Petitioner(s) No. 1
MS NIRALI SHARDA, AGP for the Respondent(s) No. 1,2
==========================================================

 CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

                           Date : 22/08/2023

                            ORAL ORDER

1. Heard learned advocate Ms. Reena Kamani on behalf of

the petitioner and learned Assistant Government Pleader Ms.

Nirali Sharda on behalf of the respondent - State.

2. By way of this petition, the petitioner has sought for

grant of leave encashment more particularly relying upon the

policy of the State Government as stated in circulation dated

17.10.1988 and reiterated by various judgments of this Court

as well as of the Hon'ble Apex Court.

3. Considering the submissions made by learned advocates

for the respective parties, it would appear that the husband of

the present petitioner had joined services of the respondent

NEUTRAL CITATION

C/SCA/7195/2023 ORDER DATED: 22/08/2023

undefined

no.2 in the year 1978 and whereas the husband of the

petitioner retired from service in the year 2004 after

completing 22 years of service. It would appear that during

the time when the late husband of the petitioner was serving,

he was not granted any benefits as available to an such

employee under circulation of the State Government dated

17.10.1988.

3.1. It would appear that the husband of the petitioner had

passed away on 11.04.2009 and whereas later on, the

petitioner had approached this Court by filing Special Civil

Application No. 13545 of 2015 inter alia seeking for grant of

pension as well as other retiral benefits as per the

Government Resolution dated 17.10.1988. It would appear

that vide an order dated 15.09.2015, a learned Coordinate

Bench of this Court had directed the State Government to

grant pension and other benefits to the present petitioner

more particularly the pensionary benefits as well as other

consequential benefits were to be paid to the petitioner with

interest at the rate of 9% p.a.

3.2. It would appear that the State had preferred an appeal

against the decision of the learned Coordinate Bench and

NEUTRAL CITATION

C/SCA/7195/2023 ORDER DATED: 22/08/2023

undefined

whereas, vide judgment dated 28.06.2016, the Hon'ble

Division Bench of this Court had modified the said order qua

the interest part and whereas, rest of the directions were

directed to be complied with by the appellant State. It would

appear that since the State did not feel a need to comply with

the order passed by the Hon'ble Division Bench of this Court,

the petitioner was required to prefer an application under the

Contempt of Courts Act and whereas, the State thereupon had

made appropriate payment to the petitioner on 22.10.2016.

3.3. It would appear that though the earlier orders i.e. of the

learned Coordinate Bench as well as the Hon'ble Division

Bench of this Court should have ensured that all the dues

which should have been paid to the petitioner were paid, yet,

the respondents had decided to leave out the amount of leave

encashment as payable to the late husband of the petitioner

for reasons best known to themselves. It would appear that

though the learned Coordinate Bench has clearly noted that

the petitioner was entitled to all the benefits under

Government Resolution dated 17.10.1988 which resolution

inter alia envisaged payment of leave encashment to the

employees, yet, inspite of two rounds of litigation and inspite

NEUTRAL CITATION

C/SCA/7195/2023 ORDER DATED: 22/08/2023

undefined

of order passed by the Hon'ble Division Bench taking up

contempt matters, the respondents had not paid the amount

of leave encashment in favour of the petitioner.

4. Learned advocate Ms. Kamani would also rely upon a

decision of the Hon'ble Apex Court dated 01.09.2022

rendered in case of State of Gujarat & Others vs. Mangalbhai

Nanbhai Baria & Others [SLP No. 7229/2022 and allied

matters] whereby, the Hon'ble Apex Court had inter alia

observed that as per the Government Resolution dated

17.10.1988, the employees who are eligible are entitled to get

leave encashment. It would appear that the respondent State

pursuant to the order of the Hon'ble Apex Court had issued a

Circular dated 13.12.2022 whereby, it is inter alia stated that

for those persons who had approached the Court, the amount

of leave encashment would be paid by 31.12.2022.

5. Be that as it may, it would appear that the fact of the

petitioner being entitled to all the benefits of Government

Resolution dated 17.10.1988 has been settled at the stage of

order dated 15.09.2015 by the learned Coordinate Bench of

this Court and whereas, the Hon'ble Division Bench of this

Court had interfered with the said order insofar as the

NEUTRAL CITATION

C/SCA/7195/2023 ORDER DATED: 22/08/2023

undefined

payment of interest is concerned. It would appear that the

leave encashment being an integral part of the benefits which

the employee would be entitled to under the Government

Resolution dated 17.10.1988, there should not be any reason

whatsoever to not to pay such amount to the present

petitioner. It would also appear that the said aspect has been

reiterated by the Hon'ble Apex Court vide order dated

01.09.2022 referred to herein above.

6. Considering the same, the respondents are directed to

ensure that a proposal for paying benefit of leave encashment

due to the late husband of the petitioner shall be forwarded to

the State Authorities and thereafter, the State shall consider

proposal of the petitioner expeditiously and in consonance

with the State Policy. Such exercise shall be completed by the

respondents within a period of six weeks from the date of

receipt of this order.

7. With the above observations and directions, the present

petition stands disposed of as allowed.

(NIKHIL S. KARIEL,J) Bhoomi