Gujarat High Court
Bhanabhai Chelabhai Thakor vs State Of Gujarat on 31 January, 2023
Bench: A.Y. Kogje
C/SCA/19339/2022 JUDGMENT DATED: 31/01/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 19339 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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BHANABHAI CHELABHAI THAKOR
Versus
STATE OF GUJARAT
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Appearance:
MR PH PATHAK(665) for the Petitioner(s) No.
1,10,11,12,13,14,15,16,17,18,19,2,20,21,22,23,24,25,26,27,28,29,3,30,31,32,
4,5,6,7,8,9
MS REENA M KAMANI(6007) for the Petitioner(s) No.
1,10,11,12,13,14,15,16,17,18,19,2,20,21,22,23,24,25,26,27,28,29,3,30,31,32,
4,5,6,7,8,9
MS NIRALI SARDA, AGP for the Respondent(s) No. 1,2,3
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CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE
Date : 31/01/2023
ORAL JUDGMENT
1. This petition is filed claiming leave encashment which has
not been granted to the petitioners.
C/SCA/19339/2022 JUDGMENT DATED: 31/01/2023
2. By way of this petition, the petitioners are claiming for the
following reliefs :
"(A) The Hon'ble Court be pleased to issue a writ of
mandamus 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 petitioenrs as illegal,
unjust, arbitrary and in violation of Article-14, 16 and 21 of
Constitution of India;
(B) The Hon'ble Court be pleased to direct respondents to
pay the amount of Leave Encashment (unavailed privilege
leave) to the extent of 300 days to the petitioners with 12%
interest thereon."
3. 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.
4. Pursuant to the notice issued by this Court, learned AGP
has drawn attention of this Court to a Circular dated 7 th October
2022 in connection with the aforesaid issue.
5. In case of leave encashment, vide Circular dated 7 th
October 2022 the Government has also taken a policy decision
C/SCA/19339/2022 JUDGMENT DATED: 31/01/2023
which would reflect as under :
"According to the decision of the Supreme Court, since the
retiral benefits given to the daily wagers under the
resolution dated 17.10.1988 also includes the benefit of
leave encashment, therefore the daily wagers are entitled to
the benefit of leave encashment as per Clause (5) of the
State Litigation Policy of the Government. The instructions in
this regard are circulated after consultation and as per the
approval received through the informal note dated
3.10.2022 of the Finance Department.
With regard to the various claims filed before the Hon'ble
Court, after verifying the service record of the petitioners -
daily wagers and after calculating as per rules and the
policy of the Government applicable to the regular services,
the benefit of encashment of earned leaves (within the
maximum limit of 300 earned leaves) shall be paid in the
following terms :
(1) The petitioners - daily wagers who have retired and
completed 70 years as on 1.10.2022 shall be paid latest by
31.10.2022.
(2) Rest of the petitioners - daily wagers shall be paid
within a period of three months, i.e. on or before
31.12.2022."
6. In view of the aforesaid position, the Court deems it
appropriate to direct the respondents to undertake scrutiny of
C/SCA/19339/2022 JUDGMENT DATED: 31/01/2023
individual cases of each of the petitioners, 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 such proposal of each of the
petitioners expeditiously and in consonance with the State
policy.
7. 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.
8. The aforesaid exercise shall be completed within a period of
eight weeks from today.
9. With the aforesaid, the petition stands disposed of. Direct
service is permitted.
(A.Y. KOGJE, J.)
/MOINUDDIN
