Babubhai Hatabhai Solanki vs State Of Gujarat
2023 Latest Caselaw 6320 Guj

Citation : 2023 Latest Caselaw 6320 Guj
Judgement Date : 29 August, 2023

Gujarat High Court

Babubhai Hatabhai Solanki vs State Of Gujarat on 29 August, 2023

Bench: Nikhil S. Kariel

                                                                                NEUTRAL CITATION




     C/SCA/14629/2023                             ORDER DATED: 29/08/2023

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            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/SPECIAL CIVIL APPLICATION NO. 14629 of 2023

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                        BABUBHAI HATABHAI SOLANKI
                                  Versus
                            STATE OF GUJARAT
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Appearance:
MR MAHESH YADAV for MR UT MISHRA(3605) for the Petitioner(s) No. 1
for the Respondent(s) No. 2
MS NIRALI SARDA, ASST. GOVERNMENT PLEADER/PP for the
Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

                             Date : 29/08/2023
                              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) 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."

NEUTRAL CITATION

C/SCA/14629/2023 ORDER DATED: 29/08/2023

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3. Heard learned advocate Mr. Manish Yadav for learned

advocate Mr. U.T.Mishra on behalf of the petitioner and

learned Assistant Government Pleader Ms. Nirali Sarda for

the respondent - State.

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.

4.1. Learned advocate 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

from 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. Learned

advocate for the petitioner submitted that present petitioner

was working with the respondent No. 2 department for

approximately 3 decades and had retired upon attaining the

age of superannuation and therefore, considering continuous

service, the petitioner is entitled for the benefits of leave

encashment.

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C/SCA/14629/2023 ORDER DATED: 29/08/2023

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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 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

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C/SCA/14629/2023 ORDER DATED: 29/08/2023

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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. In view of the above said position, this Court deems it

appropriate to direct the respondents to undertake scrutiny of

case of the petitioner herein, and upon such scrutiny, if the

petitioner is 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 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