Gujarat High Court
Govindbhai Kathadbhai Maiyad vs State Of Gujarat on 13 February, 2023
Bench: A.Y. Kogje
C/SCA/26245/2022 ORDER DATED: 13/02/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 26245 of 2022
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GOVINDBHAI KATHADBHAI MAIYAD
Versus
STATE OF GUJARAT
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Appearance:
MR. MUKESH T MISHRA(5900) for the Petitioner(s) No. 1
MR. HARDIK SONI, AGP, for the Respondent(s) No. 1,2
NOTICE SERVED BY DS for the Respondent(s) No. 3,4
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CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE
Date : 13/02/2023
ORAL ORDER
1. RULE returnable forthwith. Learned AGP waives service of
notice of rule for and on behalf of the respondents - State.
2. The present petition is filed claiming leave encashment
which has not been granted to the petitioner.
3. By way of this petition, the petitioner is claiming for the
following reliefs :
"(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 authorities to extend the benefit of 300
days leave encashment with 6% simple interest;
(B) Pending admission and final disposal of this
petition, Your Lordships be pleased to direct the
respondents to consider the case of petitioner in light of
judgment passed by this Hon'ble Court and upheld by
Hon'ble Supreme Court of India on 1.9.2022."
4. Learned advocate for the petitioner submitted that the
petitioner was initially appointed as Daily Wager in the year
C/SCA/26245/2022 ORDER DATED: 13/02/2023
1988 and he worked upto 1997. Thereafter, the services of the
petitioner came to be terminated.
5. It is submitted that thereafter the petitioner raised
industrial dispute, and ultimately, the Labour Court directed
reinstatement of the petitioner with continuity of service with
20% back wages and also directed to grant benefits of GR
dated 17.10.1988. The petitioners thereafter, challenged the
said order by filing Special Civil Application No.14729 of 2013.
The said petition came to be disposed of on 10.02.2015 and
this Court was pleased to set aside the order Labour Court of
20% back-wages and rest of the award was confirmed.
6. Learned advocate for the petitioner submitted that after
the order passed by this Court, the petitioner had to again
move a contempt petition being Misc. Civil Application No.2954
of 2015, wherein vide order dated 09.01.2019 it has been
observed that the respondent has complied with the order
passed by this Court.
7. Learned advocate for the petitioner submitted that in due
compliance to the order passed by this Court, the respondent
passed an order extending the benefits of the Government
Resolution dated 17.10.1988 to the petitioner. It is submitted
that the petitioner has been paid the gratuity amount as well
as the amount of difference in salary, however, leave
encashment amount has not been paid to the petitioner.
8. Pursuant to the notice issued by this Court, learned AGP
has drawn attention of this Court to a Circular dated 21 st
October 2022 in connection with the aforesaid issue.
C/SCA/26245/2022 ORDER DATED: 13/02/2023
9. In case of leave encashment, vide Circular
No.SUT/1022/2898/A dated 21st October 2022 of the
Department of Narmada, Water Resources, Water Supply and
Kalpsar, Gandhinagar, the State Government has also taken a
policy decision which would reflect as under :
"According to the judgment of the Supreme Court dated
1.9.2022 in SLP (C) No.7229 of 2022 and since the
resolution of the Roads and Buildings Department dated
17.10.1988 also provides that the retirement benefits
granted to the daily wagers include the benefit of
'encashment of leave', as per Clause (5) of the State
Litigation Policy of the State Government, the daily
wagers are entitled to the benefit of leave encashment.
The instructions in this regard are circulated after
consultation and approval received through the informal
note dated 17.10.2022 of even number file of the
Finance Department.
With regard to the various claims filed before the Hon'ble
Court, the petitioners - daily wagers shall be paid leave
encashment (within the maximum limit of 300 leave) for
the regular services as per the policy of the Government
by calculating leave as per the rules and after verifying
their service record, in the following terms :
(1) Payment in case of retired petitioners - daily wagers
who have completed 70 years as on 1.10.2022 shall be
made latest by 31.10.2022.
(2) Payment to rest of the retired petitioners - daily
wagers shall be made within a period of three months,
i.e. latest by 31.12.2022."
10. In view of the aforesaid position, the Court deems it
appropriate to direct the respondents to undertake scrutiny of
the case of the petitioner, and upon such scrutiny if he is found
to be entitled, then a proposal shall be forwarded to the State
C/SCA/26245/2022 ORDER DATED: 13/02/2023
authorities in this regard and thereafter the State authorities
shall consider proposal of the petitioner expeditiously and in
consonance with the State policy.
11. 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 four weeks from the
date of receipt of copy of writ of this order.
12. The aforesaid exercise shall be completed within a period
of eight weeks from today.
13. With the aforesaid, the petition stands disposed of. Rule
made absolute to the aforesaid extent. Direct service is
permitted.
(A.Y. KOGJE, J)
SIDDHARTH
