Gujarat High Court
Budhabhai Ghemabhai Parmar vs State Of Gujarat on 13 February, 2023
Bench: A.Y. Kogje
C/SCA/26038/2022 ORDER DATED: 13/02/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 26038 of 2022
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BUDHABHAI GHEMABHAI PARMAR
Versus
STATE OF GUJARAT
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Appearance:
MR PRABHAKAR UPADYAY(1060) for the Petitioner(s) No.
1,10,11,12,13,14,15,16,17,18,19,2,20,21,22,23,24,25,26,27,28,3,4,5,6,7,8,9
MR. JAY MEHTA, AGP, for the Respondent(s) No. 1
NOTICE SERVED BY DS for the Respondent(s) No. 2,3,4
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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 respondent-State.
2. The present petition is filed claiming leave encashment
which has not been granted to the petitioners.
3. It is submitted by learned AGP that the amount towards
leave encashment has been paid to the petitioners except
petitioner Nos. 7, 13, 14, 19 and 25. Moreover, it is also
submitted that there is no detail available with regard to the
payment made to the petitioner No.26 towards leave
encashment. Hence, the petition stands disposed of qua the
petitioners who have already been paid the leave encashment
except petitioner Nos. 7, 13, 14, 19 and 25.
4. By way of this petition, the petitioners are claiming for
the following reliefs :
"(A) Your Lordships may kindly be pleased to issue a
C/SCA/26038/2022 ORDER DATED: 13/02/2023
writ of mandamus an/or any other appropriate writ, Order
and/or direction to hold and declared that the action on
the part of the present respondents in not paying the
leave encashment of 300 days on retirement of the
petitioners is illegal, arbitrary and discriminatory and
further be pleased to direct the present respondents to
extend the benefits of leave encashment of 300 days
considering the total length of service rendered by the
present petitioners, in pursuance to the order passed by
the Hon'ble Apex Court dated 01.09.2022 in Special
Leave to Appeal (C) No.7229 of 2022 at par with the
other retired employees."
5. Learned advocate for the petitioners submitted that the
petitioners were initially appointed as Daily Wagers with the
respondent department and after rendering services for more
than three decades, they retired from service. Considering
their continuous service, they claimed entitlement to leave
encashment.
6. 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.
7. 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
C/SCA/26038/2022 ORDER DATED: 13/02/2023
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."
7. In view of the aforesaid position, the Court deems it
appropriate to direct the respondents to undertake scrutiny of
case of petitioner Nos.7,13,14,19,25 and 26 herein only, and
upon such scrutiny if they are found to be entitled, then a
proposal shall be forwarded to the State authorities in this
regard and thereafter the State authorities shall consider
proposal of such petitioners herein expeditiously and in
consonance with the State policy.
8. 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.
C/SCA/26038/2022 ORDER DATED: 13/02/2023
9. The aforesaid exercise shall be completed within a period
of eight weeks from today.
10. With the aforesaid, the petition stands disposed of. Rule
made absolute to the aforesaid extent. Direct service is
permitted.
(A.Y. KOGJE, J)
SIDDHARTH
