Gujarat High Court
Savitaben Balwantbhai Parmar ... vs State Of Gujarat on 28 August, 2023
Bench: Nikhil S. Kariel
NEUTRAL CITATION
C/SCA/14671/2023 JUDGMENT DATED: 28/08/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 14671 of 2023
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
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1 Whether Reporters of Local Papers may be allowed to see the
judgment ?
2 To be referred to the Reporter or not ?
3 Whether their Lordships wish to see the fair copy of the judgment
?
4 Whether this case involves a substantial question of law as to the
interpretation of the Constitution of India or any order made
thereunder ?
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SAVITABEN BALWANTBHAI PARMAR WD/O LATE BALWANTBHAI
MOHANBHAI PARMAR
Versus
STATE OF GUJARAT
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Appearance:
MR UT MISHRA(3605) for the Petitioner(s) No. 1
for the Respondent(s) No. 2
MS NIRALI SARDA ASSISTANT GOVERNMENT PLEADER/PP for the
Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 28/08/2023
ORAL JUDGMENT
1. Heard learned Advocate Mr. Maheshkumar Yadav for learned
Advocate Mr. U.T. Mishra on behalf of the petitioner and learned AGP Ms.
Nirali Sarda for the respondent-State.
NEUTRAL CITATION
C/SCA/14671/2023 JUDGMENT DATED: 28/08/2023
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2. Rule returnable forthwith. Learned Assistant Government Pleader
waives service of notice of Rule on behalf of the respondent - State.
3. By way of this petition, the petitioner has sought for the following
prayers :
"9(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
immediately release the benefit of 300 days Leave Encashment in
favour of the petitioner;
(B) Any other and such further relief as the Hon'ble Court
deems fit and proper in the interest of justice together with costs.
4. Learned Advocate for the petitioner submitted that the issue in the
present petition pertains to grant of benefit of 300 days unavailed earned
leave. The prayers in relation to other benefits, if any, referred in this
petition, is not pressed at this stage.
4.1 Learned Advocates for the parties would submit that the issue
involved in the present petition, more particularly with regard to grant of
benefit of encashment of 300 days unavailed leave, is no more res integra,
more particularly in view of the decision of the Hon'ble Apex Court dated
01.09.2022, in Special Leave Petition (C) No. 7229 of 2022. It would appear
that the deceased husband of petitioner had worked for approximately 10
years with the respondent-Department and whereas the petitioner in view of
the Government Resolution dated 17.10.1988 would be entitled for leave
encashment.
4.2. Learned Advocate pointed 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
NEUTRAL CITATION
C/SCA/14671/2023 JUDGMENT DATED: 28/08/2023
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Leave Petition (C) No.7229 of 2022.
4.3. In relation to leave encashment vide Government Resolution dated
21.10.2022, issued by Irrigation Department, Government has also 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 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."
5. The above factual position could not be controverted by learned
Assistant Government Pleader for the respondent - State.
6. Considering the above position, more particularly since it appears that
the issue has been decided by this Court and even by the Hon'ble Apex
NEUTRAL CITATION
C/SCA/14671/2023 JUDGMENT DATED: 28/08/2023
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Court and whereas since the State has also issued guidelines, as to how the
said benefit has to be computed, in the considered opinion of this Court,
the present petition could be disposed of with the following directions,
which would meet the ends of justice.
(A) The respondent authorities concerned shall undertake a
scrutiny of the case of the petitioner, more particularly for grant of
benefit of 300 days leave encashment and whereas if the petitioner is
found eligible, then the State Government shall consider the proposal
for grant of leave encashment and pass appropriate orders within a
stipulated time frame.
(B) The respondent authorities concerned shall conduct the above
referred scrutiny within a period of 04 weeks from the date of receipt
of this order and whereas appropriate proposal for grant of leave
encashment shall be moved to the State Government within such
time.
(C) Upon such proposal being received by the concerned
Department, the same shall be considered and a final decision of
including payment shall be taken by the State within a period of 08
weeks from the date of receipt of such proposal.
With the above observations and directions, the present petition
stand disposed of. Rule is made absolute to the aforesaid extent. Direct
service is permitted.
(NIKHIL S. KARIEL,J)
NIRU
