Gujarat High Court
Kalubhai Chhaganbhai Mahida vs State Of Gujarat on 23 February, 2023
Bench: Aniruddha P. Mayee
C/SCA/13797/2013 JUDGMENT DATED: 23/02/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 13797 of 2013
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE Sd/-
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1 Whether Reporters of Local Papers may be allowed No
to see the judgment ?
2 To be referred to the Reporter or not ? No
3 Whether their Lordships wish to see the fair copy No
of the judgment ?
4 Whether this case involves a substantial question No
of law as to the interpretation of the Constitution
of India or any order made thereunder ?
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KALUBHAI CHHAGANBHAI MAHIDA
Versus
STATE OF GUJARAT & 2 other(s)
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Appearance:
MS ARCHANA U AMIN(2462) for the Petitioner(s) No. 1
MS TEJAL B RAJPUT AGP for the Respondent(s) No. 1,2,3
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CORAM:HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE
Date : 23/02/2023
ORAL JUDGMENT
The present Special Civil Application is filed praying for the
following reliefs:-
"6[A] appropriate writ, order or direction directing the respondent to
pay the amount of accumulated earned leave of 240 days to the
petitioner as per the Circulars of the Respondent No.1 issued from time
to time.
C/SCA/13797/2013 JUDGMENT DATED: 23/02/2023
[B] pending admission and final hearing of this petition direct the
respondents to initiate prompt action to calculate the amount of earned
leave of the petitioner and to sanction the same;"
2. It is submitted by learned advocate Mr. Krishnan M.
Ghavariya appearing for Ms. Archana Amin, learned advocate for
the petitioner, that by G.R. dated 7.10.2022, now the issue has
been settled. The State Government has taken a policy decision
to grant leave encashment to the Daily Wagers who are granted
benefits of G.R. dated 17.10.1988. He has further placed reliance
on the decision of this Court where leave encashment has been
granted which has been confirmed till the Hon'ble Supreme
Court vide order dated 1.9.2022 in Special Leave to Appeal (C)
No.7229 of 2022.
3. Learned AGP Ms. Tejal Rajput for the respondents does not
dispute the legal position and submits that vide G.R. dated
7.10.2022, the State Government has taken a policy decision to
grant leave encashment to the employees, who are granted
benefits of the G.R. dated 17.10.1988.
4. In view of the subsequent developments and the G.R. dated
7.10.2022, the present Special Civil Application is allowed. The
C/SCA/13797/2013 JUDGMENT DATED: 23/02/2023
respondents are directed to extend the benefit of encashment of
240 days earned leave to the petitioner in terms of G.R. dated
7.10.2022. The said amount shall be paid to the petitioner
within a period of 6 weeks from the date of receipt of this order.
Present Special Civil Application, accordingly, stands disposed
of. Rule is made absolute.
Direct Service is permitted.
Sd/-
(ANIRUDDHA P. MAYEE, J.)
KAUSHIK D. CHAUHAN
