Gujarat High Court
Shankarbhai Lagharbhai Beldar vs State Of Gujarat on 4 May, 2023
Bench: Mauna M. Bhatt
C/SCA/4358/2023 JUDGMENT DATED: 04/05/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 4358 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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SHANKARBHAI LAGHARBHAI BELDAR & 3 other(s)
Versus
STATE OF GUJARAT & 1 other(s)
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Appearance:
MR MURALI N DEVNANI(1863) for the Petitioner(s) No. 1,2,3,4
MS. NIRALI SARDA, ASST. GOVERNMENT PLEADER for the
Respondent(s) No. 1,2
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CORAM:HONOURABLE MRS. JUSTICE MAUNA M. BHATT
Date : 04/05/2023
ORAL JUDGMENT
1. Rule returnable forthwith. Learned Assistant Government
Pleader waives service of notice of Rule on behalf of the
respondent - State.
C/SCA/4358/2023 JUDGMENT DATED: 04/05/2023
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.
(B) Your Lordships may be pleased to allow
the petition by issuing a writ of mandamus or
any other appropriate writ, direction and / or
order in the nature of mandamus directing the
respondents to release the benefits of 300
days unavailed leave encashment n favor of
the petitioners with 12% interest per annum
as well as public holidays, transport allowance,
travelling allowance, LTC, arrears of 5th pay
commission in the interest of justice.
(C) Your Lordships may be pleased to direct
the respondents to revise the pension as well
as gratuity calculating from the date of initial
appointment of the petitioners released the
same along with arrears and 12% interest.
(D) Your Lordships may be pleased to ward
any such other and further relief as may be
deemed just and expedient in the interest of
justice."
3. Heard learned advocate Mr. Murali Devnani for the
petitioner 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
C/SCA/4358/2023 JUDGMENT DATED: 04/05/2023
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
petitioners were working with the respondent No. 3 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 as well as pension and gratuity.
4.2 In relation to counting of retirement benefits of the
petitioners from the date of appointment, learned advocate Mr.
Devnani referred to Government Resolution dated 24.01.2023, of
Road and Building Department, Sachivalaya, Gandhingar the
State Government has resolved as under:
"At the end of active deliberations, subject to
the following conditions, it is hereby
C/SCA/4358/2023 JUDGMENT DATED: 04/05/2023
prescribed to pay gratuity to the daily wagers
working in offices under various departments
of the State within the maximum limit of 33
(thirty-three) years as per the Resolution
dated 21.10.2020 of this Department:
(1) The concerned Department will have to
check the eligibility of the daily wagers as per
the Payment of Gratuity Act, 1972, of the
Government of India.
(2) The order of this Department will also
apply to the cases of retired/deceased daily
wagers/work-charge employees after issuance
of the resolution dated 24.03.2006 of this
Department.
(3) The concerned Department will have to
pay gratuity to the daily wagers/work-charge
employees, for the services rendered before
becoming permanent, upon verifying their
eligibility as per the resolution dated
21.10.2020 of this Department. Whereas, the
payment of gratuity for the pensionable
services after becoming permanent will be
made by the Director, Pension & Provident
Fund Office. The Department will ensure that
the gratuity is paid within the maximum limit
of 33 years by counting both the services
together and in any case no double payment
is made.
(4) The payments made to the daily
wagers/work-charge employees under the
Resolution dated 21.10.2020 of this
Department before issuance of this order will
not be reopened."
5. In relation to payment of 300 days leave encashment, it is
C/SCA/4358/2023 JUDGMENT DATED: 04/05/2023
pointed out by learned Assistant Government Pleader Ms. Nirali
Sarda that payment has been made and she requested to place
on record the details of Cheques bearing (i) Cheque No.583860
dated 03.09.2015 in favor of Shantaben Beldar - Petitioner No.2,
(ii) Cheque bearing No.583863, dated 03.09.2015 in favor of
Leelaben Beldar - Petitioner No.3, (iii) Cheque bearing No.583862
dated 03.09.2015 in favor of Shardaben Beldar - Petitioner No.4.
and (iv) Payment to petitioner No. 1 made by Receipt No. DLK -
2, dated 05.03.2016.
6. Considering the fact that since the payment towards leave
encashment has already been made in relation to 300 days
unavailed earned leave, learned advocate for the petitioners does
not press the same relief.
7. In relation to prayer of pension and gratuity in view of
Government Resolution dated 24.01.2023, 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.
C/SCA/4358/2023 JUDGMENT DATED: 04/05/2023
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
made absolute to the aforesaid extent. Direct service is
permitted.
(MAUNA M. BHATT,J)
prk
