Gujarat High Court
Polabhai Anandbhai Parmar vs Secretary, Road And Building ... on 1 February, 2023
Bench: A.Y. Kogje
C/SCA/23739/2022 JUDGMENT DATED: 01/02/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 23739 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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POLABHAI ANANDBHAI PARMAR
Versus
SECRETARY, ROAD AND BUILDING DEPARTMENTS
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Appearance:
MR JIGNESH D LAMBA(12891) for the Petitioner(s) No. 1
MR YOGEN N PANDYA(5766) for the Petitioner(s) No. 1
MS NIRALI SARDA, AGP for the Respondent(s) No. 1
NOTICE SERVED for the Respondent(s) No. 2,3,4
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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 respondent - State.
2. The present petition is filed claiming leave encashment
which has not been granted to the petitioner.
C/SCA/23739/2022 JUDGMENT DATED: 01/02/2023
3. By way of this petition, the petitioner is claiming for the
following reliefs :
"(A) Your Lordships may be pleased to issue a writ in
nature of mandamus/certiorari and/or any other
appropriate writ, order or direction, directing the respondent
authorities to extend the service benefits like leave
encashment from due date with interest;
(B) Pending admission, hearing and final disposal of the
petition, the respondent authorities may be directed to
extend the benefit of leave encashment into cash with
proper pay fixation forthwith."
4. Learned advocate for the petitioner submitted that the
petitioner was initially appointed as Daily Wager on 1.12.1987
with the respondent department and after rendering services for
more than three decades, he retired from service on 30.6.2020.
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 27 th
October 2022 in connection with the aforesaid issue.
6. In case of leave encashment, vide Circular dated 7 th
October 2022 of the Roads & Buildings Department,
C/SCA/23739/2022 JUDGMENT DATED: 01/02/2023
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 & 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
3.10.2022 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/23739/2022 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
