Gujarat High Court
Abhesinh Fulabhai Chavda vs State Of Gujarat on 1 February, 2023
Bench: A.Y. Kogje
C/SCA/24252/2022 JUDGMENT DATED: 01/02/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 24252 of 2022
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE A.Y. KOGJE 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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ABHESINH FULABHAI CHAVDA
Versus
STATE OF GUJARAT
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Appearance:
MR UT MISHRA(3605) for the Petitioner(s) No. 1
MS NIRALI SARDA, AGP for the Respondent(s) No. 1,2
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CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE
Date : 01/02/2023
ORAL JUDGMENT
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.
C/SCA/24252/2022 JUDGMENT DATED: 01/02/2023
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
respondent authorities to release the benefit of 300 days
leave encashment in favour of the petitioner forthwith;
(B) Any other and such further relief as the Hon'ble Court
deems fit and proper in the interest of justice together with
costs."
4. Learned advocate for the petitioner submitted that the
petitioner was initially appointed as Daily Wager on 1.9.1984 in
the Petlad Irrigation Division, District Anand and after rendering
services for more than three decades with the respondent
department, he retired in the year 2018. Considering his
continuous service, he 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
C/SCA/24252/2022 JUDGMENT DATED: 01/02/2023
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."
C/SCA/24252/2022 JUDGMENT DATED: 01/02/2023
7. 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
authorities in this regard and thereafter the State authorities
shall consider proposal of the petitioner 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.)
/MOINUDDIN
