Gujarat High Court
Rajnikant Kanchanlal Patel vs State Of Gujarat on 31 January, 2023
Bench: A.Y. Kogje
C/SCA/19938/2021 JUDGMENT DATED: 31/01/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 19938 of 2021
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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RAJNIKANT KANCHANLAL PATEL
Versus
STATE OF GUJARAT
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Appearance:
MS ASHLESHA M PATEL(6127) for the Petitioner(s) No. 1,2,3,4
DS AFF.NOT FILED (N) for the Respondent(s) No. 3,4
MR. JAY MEHTA, AGP for the Respondent(s) No. 1
MR HS MUNSHAW(495) for the Respondent(s) No. 5
NOTICE SERVED BY DS for the Respondent(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE
Date : 31/01/2023
ORAL JUDGMENT
1. RULE returnable forthwith. Learned advocates appearing
on behalf of the respondents waive service of notice of rule for
and on behalf of the respective respondents.
C/SCA/19938/2021 JUDGMENT DATED: 31/01/2023
2. This 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 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
certiorari 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
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;"
4. Learned advocate for the petitioners submitted that each of
the petitioners were appointed and had been working for more
than three decades as Daily Wagers with the respondent
departments and considering their continuous service they
claimed entitlement to leave encashment.
C/SCA/19938/2021 JUDGMENT DATED: 31/01/2023
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 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, since the resolution of
the Roads and Buildings Department dated 17.10.1988 also
provides that the retirement benefits granted to the daily
workers 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 :
C/SCA/19938/2021 JUDGMENT DATED: 31/01/2023
(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
individual cases of each 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 such
petitioners 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.
C/SCA/19938/2021 JUDGMENT DATED: 31/01/2023
10. With the aforesaid, the petition stands disposed of. Direct
service is permitted.
(A.Y. KOGJE, J.)
/MOINUDDIN
