Dilipsinh Natvarsinh Solanki vs State Of Gujarat
2023 Latest Caselaw 4510 Guj

Citation : 2023 Latest Caselaw 4510 Guj
Judgement Date : 15 June, 2023

Gujarat High Court

Dilipsinh Natvarsinh Solanki vs State Of Gujarat on 15 June, 2023

Bench: Mauna M. Bhatt

     C/SCA/6910/2023                                JUDGMENT DATED: 15/06/2023




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/SPECIAL CIVIL APPLICATION NO. 6910 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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                         DILIPSINH NATVARSINH SOLANKI
                                     Versus
                               STATE OF GUJARAT
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Appearance:
MR HB SINGH(2073) for the Petitioner(s) No.
1,10,11,12,13,14,15,16,17,18,19,2,20,21,22,23,24,25,26,27,28,3,4,5,6,7,8,9
for the Respondent(s) No. 2,3
MS NIRALI SARDA, AGP for the Respondent - State
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    CORAM:HONOURABLE MRS. JUSTICE MAUNA M. BHATT

                                Date : 15/06/2023

                                ORAL JUDGMENT

1. Rule returnable forthwith. Learned Assistant

Government Pleader waives service of notice of Rule on

C/SCA/6910/2023 JUDGMENT DATED: 15/06/2023

behalf of the respondent - State.

2. This petition under Article 226 of the Constitution of

India is filed with the following prayers: -

(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 encasement 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, marked as Annexure-A Colly;.

(C) During the pendency and final disposal of the present petition, YOUR LORDSHIP may be pleased to direct the respondents to pay the leave encashment to the petitioners;

(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;.

C/SCA/6910/2023 JUDGMENT DATED: 15/06/2023

3. Heard learned advocate Mr. H. B. Singh for the

petitioners and learned Assistant Government Pleader Ms.

Nirali Sarda 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 and not

calculating the retirement benefits of the petitioners from

the date of appointment. 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 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 petitioner submitted that present

C/SCA/6910/2023 JUDGMENT DATED: 15/06/2023

petitioners were working with the respondent department

with more than 3 decades 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.

4.2 He pointed out that in the Government Resolution

dated 21.10.2022, of Irrigation Department, Gandhingar

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 In relation to leave encashment, the Irrigation

Department, Gandhinagar, vide Government Resolution

dated 21.10.2022 has 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

C/SCA/6910/2023 JUDGMENT DATED: 15/06/2023

"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 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."