Gujarat High Court
Gujarat Forest Produce Gathers ... vs State Of Gujarat on 5 July, 2023
Bench: Mauna M. Bhatt
C/SCA/11255/2023 JUDGMENT DATED: 05/07/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 11255 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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GUJARAT FOREST PRODUCE GATHERS AND FOREST WORKERS UNION
Versus
STATE OF GUJARAT
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Appearance:
MR RASHESH A RINDANI(5380) for the Petitioner(s) No. 1
MR SHIRISH H GOHIL(3253) for the Petitioner(s) No. 1
for the Respondent(s) No. 2,3,4,5,6,7
MS POOJA ASHAR ASST. GOVERNMENT PLEADER for the Respondent(s)
No. 1
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CORAM:HONOURABLE MRS. JUSTICE MAUNA M. BHATT
Date : 05/07/2023
ORAL JUDGMENT
1. Rule returnable forthwith. Learned Assistant Government
Pleader waives service of notice of Rule on behalf of the
C/SCA/11255/2023 JUDGMENT DATED: 05/07/2023
respondent - State.
2. This petition under Article 226 of the Constitution of
India is filed with the following prayers: -
"A. YOUR LORDSHIP may be pleased to
admit and allow the petition.
B. YOUR LORDSHIP may be pleased to hold
and declare that the petitioners are entitled
to grant of leave encashment as per GR
dated 13.12.2022. (At Annexure-C)
C. YOUR LORDSHIP may be pleased to issue
writ of mandamus, or any other writ,
directing the respondent authority to grant
benefit leave encashment as per GR dated
13.12.2022.
D. YOUR LORDSHIP may be pleased to grant
such other and further relief as may be
deemed fit and proper in the interest of
justice."
3. Heard learned advocate for the petitioner-Union and
learned Assistant Government Pleader for the respondent -
State.
4. Learned advocate for the petitioner-Union submitted that
the petitioner is a registered workers Union comprising of 47
registered members as enlisted at page 10-14 of the petition.
C/SCA/11255/2023 JUDGMENT DATED: 05/07/2023
He 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, 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 petitioner-Union submitted that the workers/members of
petitioner-Union were working with the respondent Nos. 3 to 5
and retired upon attaining their age of superannuation and
therefore considering their continuous service they are entitled
for the benefits of leave encashment.
4.2. He pointed that by Government Resolution dated
13.12.2022 of Forest and Environment 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. The above factual position could not be controverted by
learned Assistant Government Pleader for the respondent -
State.
C/SCA/11255/2023 JUDGMENT DATED: 05/07/2023
6. In view of the above said position and considering
Government Resolution dated 13.12.2022 of Forest and
Environment Department, this Court deems it appropriate to
direct the respondents to undertake scrutiny the case of the
petitioner-Union, 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 the petitioner-Union 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 eight weeks from the
date of receipt of copy of writ of this order.
8. The aforesaid exercise shall be completed within a period
of twelve weeks from today.
9. 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.
