Gujarat High Court
Manubhai Prabhudas Modi vs State Of Gujarat on 13 February, 2023
Bench: A.Y. Kogje
C/SCA/1539/2023 ORDER DATED: 13/02/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 1539 of 2023
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MANUBHAI PRABHUDAS MODI
Versus
STATE OF GUJARAT
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Appearance:
MS ASHLESHA M PATEL(6127) for the Petitioner(s) No.
1,10,11,12,13,14,15,16,17,2,3,4,5,6,7,8,9
MR. JAY MEHTA, AGP, for the Respondent(s) No. 1
DS AFF.NOT FILED (N) for the Respondent(s) No. 1,2
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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. By way of this petition, the petitioners are claiming for
the following reliefs :
"(A) Your Lordships may be pleased to issue a writ of
mandamus or any other appropriate writ or order or
direction declaring that the nature of mandamus and/or
Cetiorari or any other appropriate writ/order or direction
declaring the action of the respondents in not paying the
amount of leave encashment to the extent of 300
days(unavailed privilege leave) to the petitioners as
illegal, arbitrary and in violation of Article 14, 16 and 21
of the Constitution of India.
(B) Your Lordship be pleased to direct respondents to
release the amount of Leave Encashment (unavailed
privilege leave) to the extent of 300 days with 12%
interest thereon."
C/SCA/1539/2023 ORDER DATED: 13/02/2023
4. Learned advocate for the petitioners submitted that the
petitioners were initially appointed in the year 1984 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.
5. 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.
6. 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
C/SCA/1539/2023 ORDER DATED: 13/02/2023
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
individual cases of the petitioners herein, 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 each
of the 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.
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
