Gujarat High Court
Babubhai Ranchhoddas Patel vs State Of Gujarat on 15 September, 2023
Bench: Nikhil S. Kariel
NEUTRAL CITATION
C/SCA/12537/2023 ORDER DATED: 15/09/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 12537 of 2023
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BABUBHAI RANCHHODDAS PATEL
Versus
STATE OF GUJARAT
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Appearance:
MS ASHLESHA M PATEL(6127) for the Petitioner(s) No. 1,2,3,4,5
MS NIRALI SARDA ASSISTANT GOVERNMENT PLEADER/PP for the
Respondent(s) No. 1
NOTICE NOT RECD BACK for the Respondent(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 15/09/2023
ORAL ORDER
1. Heard learned Advocate Ms. Ashlesha Patel on behalf of the
petitioners and learned Assistant Government Pleader Ms. Nirali Sarda on
behalf of the the respondent no.1 -State. Learned Advocate Mr. Vishrut
Jani for M/s RC Jani & Associate would submit that they have instruction
to appear on behalf of respondent no.2 and they are permitted to file their
Vakaltnama.
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 :
"6(A) Your Lordships be pleased to issue a writ of mandamus or any
other appropriate writ or order or direction declaring that the nature
of mandamus and/or Certiorari or any other appropriate writ/order
or direction declaring the action of the respondents in not paying the
NEUTRAL CITATION
C/SCA/12537/2023 ORDER DATED: 15/09/2023
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amount of leave encashment to the extent of 300 days(unavailed
privilege leave) to the petitioners as illegal, arbitrary and in violation
of Article 14, 16 and 21 of the Constitution of India.
(B) Your Lordship be pleased to direct respondents to release the
amount of Leave Encashment (unavailed privilege leave) to the extent
of 300 days with 12% interest thereon as per order dated 01.09.2022
and G.R. dated 21.10.2022.
(C) Your Lordship be pleased to pass any other further order as
may be deemed fit, just and proper in facts and circumstances of the
case and in the interest of justice."
4. Learned Advocate for the petitioners submitted that the petitioners
have rendered services with the respondent department for more than three
decades and they have retired from service on reaching the age of
superannuation. Considering their continuous service, they claimed
entitlement to leave encashment.
5. Pursuant to the notice issued by this Court, learned AGP has drawn
attention of this Court to a Circular dated 21.10.2022 in connection with the
aforesaid issue.
6. In case of leave encashment, vide Circular No.SUT/1022/2898/A
dated 21.10.2022 of the Department of Narmada, Water Resources, Water
Supply and Kalpsar, Gandhinagar, the State Government has also taken a
policy decision which would reflect as under :
"According to the judgment of the Supreme Court dated 1.9.2022 in
SLP (C) No.7229 of 2022 and since the resolution of the Roads and
NEUTRAL CITATION
C/SCA/12537/2023 ORDER DATED: 15/09/2023
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Buildings Department dated 17.10.1988 also provides that the
retirement benefits granted to the daily wagers include the benefit of
'encashment of leave', as per Clause (5) of the State Litigation Policy
of the State Government, the daily wagers are entitled to the benefit
of leave encashment. The instructions in this regard are circulated
after consultation and approval received through the informal note
dated 17.10.2022 of even number file of the Finance Department.
With regard to the various claims filed before the Hon'ble Court, the
petitioners - daily wagers shall be paid leave encashment (within the
maximum limit of 300 leave) for the regular services as per the policy
of the Government by calculating leave as per the rules and after
verifying their service record, in the following terms :
(1) Payment in case of retired petitioners - daily wagers who have
completed 70 years as on 1.10.2022 shall be made latest by
31.10.2022.
(2) Payment to rest of the retired petitioners - daily wagers shall be
made within a period of three months, i.e. latest by 31.12.2022."
7. Furthermore it would appear that the State of Gujarat through
Finance Department has issued Government Resolution dated 28.08.2023
whereby all the Departments as well as Board/Corporation have been
directed to grant the benefit of leave encashment of 300 days to daily wagers
more particularly as per orders passed by this Court as well as the Hon'ble
Supreme Court.
8. Considering such a situation, the respondent shall consider the case
of the present petitioners for grant of leave encashment for 300 days within
NEUTRAL CITATION
C/SCA/12537/2023 ORDER DATED: 15/09/2023
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a period of six weeks from today and whereas the said time period would
include the time during which respondent no. 2 would forward proposal to
respondent no.1 as well as to the Finance Department. Upon the proposal
being allowed more particularly after verification of entitlement of the
appropriate payment shall be issued to the petitioners within a period of 4
weeks thereafter.
9. The aforesaid exercise shall be completed within a period of ten
weeks from today.
10. With the above observation and directions, the present petition
stands disposed of. Rule made absolute to the aforesaid extent. Direct
service is permitted.
(NIKHIL S. KARIEL,J)
NIRU
