Gujarat High Court
Ramsibhai Bhulabhai Bharvad vs Chairmen Of Sardar Sarovar ... on 16 October, 2023
Bench: Nikhil S. Kariel
NEUTRAL CITATION
C/SCA/13153/2023 ORDER DATED: 16/10/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 13153 of 2023
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RAMSIBHAI BHULABHAI BHARVAD
Versus
CHAIRMEN OF SARDAR SAROVAR NARMADA NIGAM LTD
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Appearance:
MR HB SINGH(2073) for the Petitioner(s) No. 1,2,3,4
MR MAHESHKUMAR R YADAV(11944) for the Petitioner(s) No. 1,2,3,4
NOTICE SERVED for the Respondent(s) No. 1,2,3
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CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 16/10/2023
ORAL ORDER
1. Heard learned Advocate Mr.Maheshkumar Yadav for learned
Advocate Mr. H.B. Singh on behalf of the petitioners.
2. Though served, none appears on behalf of the respondents. At the
request of this Court, learned AGP Mr. Sahil Trivedi has assisted this Court.
3. Rule.
4. By way of this petition, the petitioners have sought for the following
prayers :
"15 (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
encashment 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.
NEUTRAL CITATION
C/SCA/13153/2023 ORDER DATED: 16/10/2023
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(c) During the pendency and final disposal of the present
petition, YOUR LORDSHIPS may be pleased to direct the
respondents to pay the leave encashement 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."
5. Learned Advocate for the petitioners submitted that the issue in the
present petition pertains to grant of benefit of 300 days unavailed earned
leave. The prayers in relation to other benefits, if any, referred in this
petition, is not pressed at this stage.
5.1 Learned Advocates for the parties would submit that the issue
involved in the present petition, more particularly with regard to grant of
benefit of encashment of 300 days unavailed leave, is no more res integra,
more particularly in view of the decision of the Hon'ble Apex Court dated
01.09.2022, in Special Leave Petition (C) No. 7229 of 2022. It would appear
that the petitioners had worked for approximately 30 years with the
respondent-Department and whereas the petitioners in view of the
Government Resolution dated 17.10.1988 would be entitled for leave
encashment.
5.2. Learned Advocate pointed 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.
5.3. In relation to leave encashment vide Government Resolution dated
21.10.2022, issued by Irrigation Department, Government has also taken a
policy decision which reads as under: -
NEUTRAL CITATION
C/SCA/13153/2023 ORDER DATED: 16/10/2023
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"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 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.
7. Considering the above position, more particularly since it appears that
the issue has been decided by this Court and even by the Hon'ble Apex
Court and whereas since the State has also issued guidelines, as to how the
said benefit has to be computed, in the considered opinion of this Court,
NEUTRAL CITATION
C/SCA/13153/2023 ORDER DATED: 16/10/2023
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the present petition could be disposed of with the following directions,
which would meet the ends of justice.
(A) The respondent authorities concerned shall undertake a
scrutiny of the case of the petitioners, more particularly for grant of
benefit of 300 days leave encashment and whereas if the petitioners
are found eligible, then the State Government shall consider the
proposal for grant of leave encashment and pass appropriate orders
within a stipulated time frame.
(B) The respondent authorities concerned shall conduct the above
referred scrutiny within a period of 04 weeks from the date of receipt
of this order and whereas appropriate proposal for grant of leave
encashment shall be moved to the State Government within such
time.
(C) Upon such proposal being received by the concerned
Department, the same shall be considered and a final decision of
including payment shall be taken by the State within a period of 08
weeks from the date of receipt of such proposal.
8. With the above observations and directions, the present petition
stand disposed of. Rule is made absolute to the aforesaid extent. Direct
service is permitted.
(NIKHIL S. KARIEL,J)
BDSONGARA
