Gujarat Forest Workers Union vs State Of Gujarat
2023 Latest Caselaw 6383 Guj

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     C/SCA/15018/2023                                       JUDGMENT DATED: 01/09/2023

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              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                 R/SPECIAL CIVIL APPLICATION NO. 15018 of 2023

FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
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1     Whether Reporters of Local Papers may be allowed to see the
      judgment ?

2     To be referred to the Reporter or not ?

3     Whether their Lordships wish to see the fair copy of the judgment
      ?

4     Whether this case involves a substantial question of law as to the
      interpretation of the Constitution of India or any order made
      thereunder ?

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                        GUJARAT FOREST WORKERS UNION
                                    Versus
                              STATE OF GUJARAT
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Appearance:
MS VIDHI J BHATT(6155) for the Petitioner(s) No.
1,10,11,12,13,14,15,16,17,18,19,2,20,21,22,23,24,25,26,27,28,29,3,30,31,32,33,34,35,36,37,
38,39,4,40,41,42,43,44,45,46,47,48,49,5,50,51,52,53,54,55,56,57,58,59,6,60,61,62,63,64,65,
66,67,68,69,7,70,71,72,73,74,75,76,77,78,79,8,80,81,82,9
 for the Respondent(s) No. 2,3
MS NIRALI SARDA ASSISTANT GOVERNMENT PLEADER/PP for the
Respondent(s) No. 1
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     CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

                                   Date : 01/09/2023

                                  ORAL JUDGMENT

1. Heard learned Advocate Ms. Vidhi Bhatt on behalf of the petitioners and learned Assistant Government Pleader Ms. Nirali Sarda on behalf of the respondent- State.

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2. Rule returnable forthwith. Learned Assistant Government Pleader waives service of notice of Rule on behalf of the respondent - State.

3. By way of this petition, the petitioners have sought for the following prayers:

"26(A) Your Lordships be pleased to issue a writ of certiorari or any other appropriate writ, order or direction declaring the action on the part of the respondent authorities in not extending the petitioners no. 2 to 82 benefits of (a) Leave encashment at the time of retirement and death, and (b) Counting of service from the date of joining for the purpose of computing pension, gratuity and other pensionary/retirement benefits, as admissible to those employees covered by Government Resolution dated 17.10.1988 as contrary to, and in defiance of, the decisions o f the Hon'ble Supreme Court and this Court and illegal and bad in law and thus violative of Articles 14, 16 and 21 of the Constitution.

(B) Your Lordships be pleased to issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondent authorities to grant the petitioners no. 2 to 82; (a) Leave encashment at the time of retirement and death as per the Government Resolution dated 13.12.2022 and (b) Counting of service from the date of joining for the purpose of computing pension, gratuity and other pensionary /retirement benefits, as admissible to the employees governed by Government Resolution dated 17.10.1988 with interest at the rate of 12% per annum.

(C) Pending admission and final hearing of the present petition, Your Lordships be pleased to direct the respondent authorities herein to extend the petitioners no. 2 to 82 the following service benefits:-

(a) Leave encashment at the time of retirement and death as per the Government Resolution dated 13.12.2022 and

(b) Counting service from the date of joining for the purpose of computing pension, gratuity and other retirement benefits.

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(D) Your Lordships be pleased to pass any other appropriate order, as deemed fir, in the interest of justice."

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 benefits of the petitioners from the date of joining. The prayer in relation to other benefits, if any, referred in this petition, is not pressed by the learned Advocate for the petitioners at this stage.

4.1 She 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 petitioners submitted that present petitioners were working with the respondent 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 gratuity.

4.2 Learned Advocate 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. It is also not in dispute that for counting entire length of service for payment of retiral benefits, the decision of this Court in the case of Executive Engineer, Panchayat (Maa & M) Department Vs. Samudabhai

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Jyotibhai Bhedi, reported in 2017 (4) GLR 2952 would be applicable.

6. The above factual position could not be controverted by learned Assistant Government Pleader for the respondent - State.

7. 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 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.

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 above observations and directions, he petition stands disposed of. Rule made absolute to the aforesaid extent. Direct service is permitted.

(NIKHIL S. KARIEL,J) NIRU