Gujarat High Court
Manilal Saburbhai Patel vs Regional Forest Officer, ... on 9 June, 2023
Bench: Mauna M. Bhatt
C/SCA/8796/2023 JUDGMENT DATED: 09/06/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 8796 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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MANILAL SABURBHAI PATEL
Versus
REGIONAL FOREST OFFICER, VISTARAN DIVISION, LIMKHEDA
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Appearance:
MR.KARANSINH SOLANKI(6541) for the Petitioner(s) No. 1,10,2,3,4,5,6,7,8,9
MS NIRALI SARDA ASST. GOVERNMENT PLEADER/PP for the Respondent(s) No.
4
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CORAM:HONOURABLE MRS. JUSTICE MAUNA M. BHATT
Date : 09/06/2023
ORAL JUDGMENT
1. Rule returnable forthwith. Learned Assistant Government
Pleader waives service of notice of Rule on behalf of the
respondent - State.
C/SCA/8796/2023 JUDGMENT DATED: 09/06/2023
2. This petition under Article 226 of the Constitution of
India is filed with the following prayers: -
"(A) Your Lordships may be pleased to
admit the petition and allow this application
and may be pleased to declare and hold that
the applicants are entitled for encashment of
leaves to the extent of 300 days at par with
other permanent employee of the
respondents as recorded in service book of
the applicants and may be pleased to issue
order, direction, writ in the nature of
Mandamus and/or certiorari or any other
appropriate writ, order or direction to the
respondents to forthwith pay the same to the
applicants preferably with a stipulated period
as may be deemed fit by this Hon'ble High
Court.
(B) Any other relief for which the Hon'ble
Court may deems fit, and just in the interest
of justice together with cost."
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
C/SCA/8796/2023 JUDGMENT DATED: 09/06/2023
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 petitioners from the date of their
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
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 as well as gratuity.
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/8796/2023 JUDGMENT DATED: 09/06/2023
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 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.
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.
