Gujarat High Court
Shantilal Pratapji Garasiya vs State Of Gujarat on 5 July, 2023
Bench: Mauna M. Bhatt
C/SCA/11258/2023 JUDGMENT DATED: 05/07/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 11258 of 2023
FOR APPROVAL AND SIGNATURE:
HONOURABLE MRS. JUSTICE MAUNA M. BHATT
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1 Whether Reporters of Local Papers may be allowed to
see the judgment ?
2 To be referred to the Reporter or not ?
3 Whether their Lordships wish to see the fair copy of
the judgment ?
4 Whether this case involves a substantial question of
law as to the interpretation of the Constitution of
India or any order made thereunder ?
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SHANTILAL PRATAPJI GARASIYA
Versus
STATE OF GUJARAT
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Appearance:
MR HB SINGH(2073) for the Petitioner(s) No.
1,10,11,12,13,14,15,16,17,18,19,2,20,21,22,23,24,25,26,27,28,29,3,30,31,3
2,33,34,35,36,37,38,39,4,40,41,42,5,6,7,8,9
MR MAHESHKUMAR R YADAV(11944) for the Petitioner(s) No.
1,10,11,12,13,14,15,16,17,18,19,2,20,21,22,23,24,25,26,27,28,29,3,30,31,3
2,33,34,35,36,37,38,39,4,40,41,42,5,6,7,8,9
for the Respondent(s) No. 10,11,12,2,3,4,5,6,7,8,9
MS POOJA ASHAR ASST. ADVANCE COPY SERVED TO GOVERNMENT
PLEADER/PP for the Respondent(s) No. 1
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CORAM:HONOURABLE MRS. JUSTICE MAUNA M. BHATT
Date : 05/07/2023
ORAL JUDGMENT
C/SCA/11258/2023 JUDGMENT DATED: 05/07/2023
1. Rule returnable forthwith. Learned Assistant Government
Pleader waives service of notice of Rule on behalf of the
respondent - State.
2. This petition under Article 226 of the Constitution of
India is filed with the following prayers: -
"15. In the premises aforesaid, the
petitioners most humbly and respectfully
pray that:
(a) To admit and allow this petition;
(b) YOUR LORDSHIPS may be pleased to
issue a writ of mandamus or any other
appropriate writ, order or direction, to
declare and hold that the petitioners are
entitled for encashment of leave to the
extent of 300 days at par with other
permanent employee of the respondent as
recorded in the service book of the
petitioners; and direct the respondents to
forthwith pay the same to the petitioners,
preferably within a stipulated period as may
be deemed fit by this Hon'ble Court;
(c) During the pendency and final disposal of
the present petition, YOUR LORDSHIPS may
be pleased to direct the respondents to pay
the leave encashment to the petitioners;
C/SCA/11258/2023 JUDGMENT DATED: 05/07/2023
(d) Pass any such other and/or further orders
that may be thought just and proper, in the
facts and circumstances of the present case."
3. Heard learned advocate for the petitioners and learned
Assistant Government Pleader for the respondent - State.
4. Learned advocate for the petitioners submitted that the issue
in the present petition pertains to grant of benefit of 300 days
unavailed earned leave. The prayers in relation to other
benefits, if any, referred in this petition, is not pressed at this
stage.
4.1 He further pointed out that the issue involved in the
present petition which is in relation to payment of leave
encashment for 300 days leave benefits available to the
petitioners, is no more res integra in view of decision of
Hon'ble Supreme Court dated 01.09.2022, in Special Leave
Petition (C) No. 7229 of 2022. Learned advocate for the
petitioners submitted that present petitioners were working
with the respondent and they all had retired upon attaining
the age of superannuation and therefore considering their
continuous service they are entitled for the benefits of leave
encashment.
C/SCA/11258/2023 JUDGMENT DATED: 05/07/2023
4.2. He pointed that by Government Resolution dated
21.10.2022 of Irrigation Department, Gandhinagar had issued
directives for implementation of the decision of the Hon'ble
Supreme Court in Special Leave Petition (C) No.7229 of 2022.
5. In relation to leave encashment vide Government
Resolution dated 21.10.2022 issued by Irrigation Department,
Government has also taken a policy decision which reads as
under: -
"According to the judgment of the Hon'ble
Supreme Court referred in No. (1) above,
since the Resolution of the Roads and
Buildings Department dated 17-10-1988 also
provides that the retirement benefits granted
to daily workers include the benefit of
"encashment of leave" also, as per the clause
(5) of the State Litigation Policy of the State
Government, daily wages workers are
entitled to the benefit of conversion of leave
into cash, the instructions in this regard
regarding the payment of leave encashment
to the daily wages worker petitioner under
this section, instructions are hereby
circulated as per the approval received vide
C/SCA/11258/2023 JUDGMENT DATED: 05/07/2023
informal note dated 17/10/2022 of the
Finance Department on the equal numbered
files as follows.
With reference to various claims filed before
the Hon'ble Court, the petitioner daily
wagers shall be paid the encashment of
accrued leave (within the maximum limit of
300 leave accumulated) in cash as is being
paid for regular services as per the policy of
the Government, by calculating leave as per
the rules on the basis of the service record
of the daily workers.
(1) Payment in case of retired petitioners
who have completed 70 years of age as on
01/10/2022, shall be made by 31/10/2022,
(2) Payment to the remaining retired
petitioner daily workers will be within three
months i.e. by 31/12/2022."
6. The above factual position could not be controverted by
learned Assistant Government Pleader for the respondent -
State.
C/SCA/11258/2023 JUDGMENT DATED: 05/07/2023
7. In view of the above said position, this 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 eligible then a proposal shall
be forwarded to the State Authorities in this regard and
thereafter, the State Authority shall consider proposal of each
of the petitioners herein 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 eight weeks from the
date of receipt of copy of writ of this order.
9. The aforesaid exercise shall be completed within a period
of twelve weeks from today.
10. With the aforesaid, the petition stands disposed of. Rule
made absolute to the aforesaid extent. Direct service is
permitted.
(MAUNA M. BHATT,J)
NAIR SMITA V.
