Gujarat High Court
Dilubhai Naranbhai Kalotra vs State Of Gujarat on 10 July, 2023
Bench: Mauna M. Bhatt
C/SCA/11494/2023 JUDGMENT DATED: 10/07/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 11494 of 2023
FOR APPROVAL AND SIGNATURE:
HONOURABLE MRS. JUSTICE MAUNA M. BHATT 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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DILUBHAI NARANBHAI KALOTRA
Versus
STATE OF GUJARAT
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Appearance:
MR. MUKESH T MISHRA(5900) for the Petitioner(s) No. 1
for the Respondent(s) No. 2,3
MS POOJA ASHAR, LD.ASSTT. GOVERNMENT PLEADER for the
Respondent(s) No. 1
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CORAM:HONOURABLE MRS. JUSTICE MAUNA M. BHATT
Date : 10/07/2023
ORAL JUDGMENT
1. Rule returnable forthwith. Learned Assistant Government
Pleader waives service of notice of Rule on behalf of the
respondent - State.
C/SCA/11494/2023 JUDGMENT DATED: 10/07/2023
2. This petition under Article 226 of the Constitution of
India is filed with the following prayers: -
"10(A) That Your Lordships be pleased to issued an order,
direction and/or writ in the nature of mandamus
and/or any other appropriate writ, order or
direction, directing the respondents to grant the
benefit of gratuity as per G.R. dated 21-10-2020 and
also direct the respondents to grant benefit of 300
days leave encashment as per G.R. dated 21-10-2022
with 6% of interest, Ann 'O'
(B) Any other and further relief as may be deemed fit
just and proper may be granted in the interest of
justice;"
3. Heard learned advocate Mr.Mukesh Mishra for the
petitioner and learned Assistant Government Pleader Ms.Pooja
Ashar for the respondent - State.
4. Learned advocate for the petitioner submitted that the
issue in the present petition pertains to grant of benefit of 300
days unavailed earned leave and not calculating the retirement
benefits of the petitioner from the date of appointment. The
C/SCA/11494/2023 JUDGMENT DATED: 10/07/2023
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 as also counting the retirement
benefits available to the petitioner from the date of
appointment, 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 submitted that present petitioner was working with
the respondent- department with more than 3 decades and had
retired upon attaining the age of superannuation and therefore
considering continuous service, the petitioner is entitled for the
benefits of leave encashment as well as pension and gratuity.
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.
4.3. He pointed out that in the Government Resolution dated
24.01.2023, of Road and Building Department, Sachivalaya,
Gandhingar which has been adopted by the Irrigation
Department, wherein it has resolved as under:
C/SCA/11494/2023 JUDGMENT DATED: 10/07/2023
"At the end of active deliberations, subject to the
following conditions, it is hereby prescribed to pay
gratuity to the daily wagers working in offices
under various departments of the State within the
maximum limit of 33 (thirty-three) years as per the
Resolution dated 21.10.2020 of this Department:
(1) The concerned Department will have to check
the eligibility of the daily wagers as per the
Payment of Gratuity Act, 1972, of the Government
of India.
(2) The order of this Department will also apply to
the cases of retired/deceased daily wagers/work-
charge employees after issuance of the resolution
dated 24.03.2006 of this Department.
(3) The concerned Department will have to pay
gratuity to the daily wagers/work-charge employees,
for the services rendered before becoming
permanent, upon verifying their eligibility as per
the resolution dated 21.10.2020 of this Department.
Whereas, the payment of gratuity for the
pensionable services after becoming permanent will
C/SCA/11494/2023 JUDGMENT DATED: 10/07/2023
be made by the Director, Pension & Provident Fund
Office. The Department will ensure that the gratuity
is paid within the maximum limit of 33 years by
counting both the services together and in any case
no double payment is made.
(4) The payments made to the daily wagers/work-
charge employees under the Resolution dated
21.10.2020 of this Department before issuance of
this order will not be reopened."
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
C/SCA/11494/2023 JUDGMENT DATED: 10/07/2023
leave encashment to the daily wages worker
petitioner under this section, instructions are hereby
circulated as per the approval received vide
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/11494/2023 JUDGMENT DATED: 10/07/2023
7. In view of the above said position, this Court deems it
appropriate to direct the respondents to undertake scrutiny of
case of the petitioner herein, and upon such scrutiny, if the
petitioner is 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 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)
DIPTI PATEL
