Gujarat High Court
Madhuben Chimanlal Mehta W/O ... vs State Of Gujarat on 1 May, 2023
Bench: Mauna M. Bhatt
C/SCA/7857/2023 JUDGMENT DATED: 01/05/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 7857 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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MADHUBEN CHIMANLAL MEHTA W/O CHIMANLAL SHIVSHANKAR
MEHTA
Versus
STATE OF GUJARAT
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Appearance:
MR MUKESH H RATHOD(2432) for the Petitioner(s) No. 1
for the Respondent(s) No. 2,3,4
MS NIRALI SARDA, LD.ASSTT. GOVERNMENT PLEADER for the
Respondent(s) No. 1
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CORAM:HONOURABLE MRS. JUSTICE MAUNA M. BHATT
Date : 01/05/2023
ORAL JUDGMENT
1. Rule returnable forthwith. Learned Assistant Government
Pleader Ms.Nirali Sarda waives service of notice of Rule on
behalf of the respondent - State.
C/SCA/7857/2023 JUDGMENT DATED: 01/05/2023
2. This petition under Article 226 of the Constitution of
India is filed with the following prayers: -
"12. In the aforesaid premises, the
petitioner most respectfully prays that:
(A) YOUR LORDSHIPS may be pleased to
allow and admit the present petition.
(B) YOUR LORDSHIPS may be pleased to
issue writ or writs in the nature of
mandamus and/or any other writ of writs or
orders or directions to direct the respondent
authority to extend / pay the benefits of
leave encashment of 300 days as per Govt.
Resolution dated 17.10.1988 in favour of the
deceased employee / husband of the
petitioner (Shri Chimanlal Shivshankar
Mehta) in the interest of justice.
(C) Any other and further reliefs as this
Hon'ble Court may deem fit and proper in
the circumstances of the case."
C/SCA/7857/2023 JUDGMENT DATED: 01/05/2023
3. Heard learned advocate Mr.Mukesh Rathod for the
petitioner and learned Assistant Government Pleader Ms.Nirali
Sarda 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.
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 his
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 respondents on post of Permanent Rojamdar (Work
Charge). He was working with the respondent authority at
Shetrunji Dam site and he had retired upon attaining the age
of superannuation and therefore considering his continuous
service, he is entitled for the benefits of leave encashment.
C/SCA/7857/2023 JUDGMENT DATED: 01/05/2023
4.2 He pointed out 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.
5. 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
"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
C/SCA/7857/2023 JUDGMENT DATED: 01/05/2023
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/7857/2023 JUDGMENT DATED: 01/05/2023
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 he 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
is made absolute to the aforesaid extent.
Direct service is permitted.
sd/-
(MAUNA M. BHATT,J)
DIPTI PATEL
