Kanjibhai Kodarbhai Ninama vs State Of Gujarat
2023 Latest Caselaw 4641 Guj

     C/SCA/9969/2023                             JUDGMENT DATED: 19/06/2023




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/SPECIAL CIVIL APPLICATION NO. 9969 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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                       KANJIBHAI KODARBHAI NINAMA
                                  Versus
                            STATE OF GUJARAT
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Appearance:
MR UT MISHRA(3605) for the Petitioner(s) No. 1
for the Respondent(s) No. 2
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/9969/2023 JUDGMENT DATED: 19/06/2023

2. This petition under Article 226 of the Constitution of India is filed with the following prayers: -

"(A) That Your Lordships be pleased to issue an order, direction and/or writ in the nature of mandamus and/or any other appropriate writ, order or direction, directing the respondents to extend the benefit of 300 days leave encashment to the petitioner forthwith,

(B) Any other and such further relief as the Hon'ble court deems fit and proper in the interest of justice together with costs"

3. Heard learned advocate Mr. U.T. 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 gratuity taking into consideration the entire period of service of the petitioner. 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 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.2 with more than

C/SCA/9969/2023 JUDGMENT DATED: 19/06/2023

2 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 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.

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 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.

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

C/SCA/9969/2023 JUDGMENT DATED: 19/06/2023

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) prk