Gujarat High Court
Rama Jivan Rathod vs Secretary on 19 June, 2023
Bench: Mauna M. Bhatt
C/SCA/9954/2023 JUDGMENT DATED: 19/06/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 9954 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 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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RAMA JIVAN RATHOD
Versus
SECRETARY
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Appearance:
MR. NABIL O BLOCH(7953) for the Petitioner(s) No. 1
for the Respondent(s) No. 2,3,4
MS. POOJA ASHAR, ASST. GOVERNMENT PLEADER for the
Respondent(s) No. 1
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CORAM:HONOURABLE MRS. JUSTICE MAUNA M. BHATT
Date : 19/06/2023
ORAL JUDGMENT
1. Rule returnable forthwith. Learned Assistant Government
Pleader waives service of notice of Rule on behalf of the
respondent - State.
C/SCA/9954/2023 JUDGMENT DATED: 19/06/2023
2. This petition under Article 226 of the Constitution of India is
filed with the following prayers: -
"(A) Your Lordships may be pleased to issue a
writ in nature of mandamus/certiorari and/or
any other appropriate writ, order or direction,
directing the respondent Authorities to extend
the service benefits like leave encashment
from due date with interest as per Annexure -
A.
(B) Pending admission, hearing and final
disposal of the petition, the respondent
Authorities may be directed to extend the
benefit of leave encashment into cash with
proper pay fixation forthwith.
(C) Any other and further reliefs may be
granted in favour of petitioner as this Hon'ble
Court may deem fit and proper under the
circumstances of the case."
3. Heard learned advocate Mr. Chirag Prajapati for learned
advocate Mr. Nabil Bloch 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
prayers in relation to other benefits, if any, referred in this
petition, is not pressed at this stage.
C/SCA/9954/2023 JUDGMENT DATED: 19/06/2023
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 No. 4 department
with more than 3 decades and had retired upon attaining the age
of superannuation and therefore considering their continuous
service, the petitioner is entitled for the benefits of leave
encashment.
5. In relation to leave encashment vide circular dated
07.10.2022 the Government has also taken a policy decision
which reads as under: -
"According to the decision of the Supreme
Court, since the retiral benefits given to the
daily wagers under the resolution dated
17.10.1988 also includes the benefit of leave
encashment, therefore the daily wagers are
entitled to the benefit of leave encashment as
per Clause (5) of the State Litigation Policy of
the Government. The instructions in this
regard are circulated after consultation and as
per the approval received through the informal
note dated 3.10.2022 of the Finance
C/SCA/9954/2023 JUDGMENT DATED: 19/06/2023
Department.
With regard to the various claims filed before
the Hon'ble Court, after verifying the service
record of the petitioners - daily wagers and
after calculating as per rules and the policy of
the Government applicable to the regular
services, the benefit of encashment of earned
leaves (within the maximum limit of 300
earned leaves) shall be paid in the following
terms :
(1) The petitioners - daily wagers who have
retired and completed 70 years as on
1.10.2022 shall be paid latest by 31.10.2022.
(2) Rest of the petitioners - daily wagers shall
be paid within a period of three months, i.e. on
or before 31.12.2022."
6. The above factual position could not be controverted by
learned Assistant Government Pleader for the respondent - State.
7. In view of the abovesaid 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
C/SCA/9954/2023 JUDGMENT DATED: 19/06/2023
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)
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