Gujarat High Court
Mohanbhai Jerambhai Vankar vs State Of Gujarat on 25 September, 2023
Bench: Nikhil S. Kariel
NEUTRAL CITATION
C/SCA/23438/2022 ORDER DATED: 25/09/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 23438 of 2022
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MOHANBHAI JERAMBHAI VANKAR
Versus
STATE OF GUJARAT
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Appearance:
MS VIDITA D JAYSWAL(6730) for the Petitioner(s) No. 1
MR ADITYA PATHAK, AGP for Respondent State
NOTICE SERVED for the Respondent(s) No. 1,2
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CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 25/09/2023
ORAL ORDER
1. Heard learned Advocate Ms.Vidita Jayswal for the
petitioner and learned AGP Mr.Pathak for the respondent
State.
2. Rule returnable forthwith. Learned AGP waives
service of notice of Rule on behalf of the respondent
State.
3. By way of this petition, the petitioner has sought for
the following prayers :
"9(A) This Honourable Court may be pleased to
admit and allow the present petition.
(B) This Honourable Court may be pleased to issue
writ of mandamus and/or writ in the nature of
mandamus and/or appropriate writ, order or
NEUTRAL CITATION
C/SCA/23438/2022 ORDER DATED: 25/09/2023
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direction to direct the Respondent Authorities to pay
the amount of leave encashment with interest @
12% on the delayed payment from the date of
retirement, i.e. 30.6.2014 till its actual realization to
the petitioner.
(C) Pending hearing and final disposal of this
Special Civil Application Your Lordships may be
pleased to direct the respondent - authorities to pay
the amount of leave encashment with interest @
12% on the delayed payment from the date of
retirement, i.e. 30.6.2019 till its actual realization to
the petitioner.
(D) This Hon'ble Court be pleased to grant any
other and further relief/s as may be deemed fit in the
facts and circumstances of the case."
4. Learned Advocate for the petitioner would submit
that the issue in the present petition pertains to grant of
benefit of 300 days unavailed earned leave. The prayer in
relation to other benefits, if any, referred in this petition,
is not pressed by the learned Advocate for the petitioner
at this stage.
4.1 Learned Advocate would further submit that the
issue involved in the present petition which is in relation
to payment of leave encashment for 300 days unavalied
leave, 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 would also submit that present
NEUTRAL CITATION
C/SCA/23438/2022 ORDER DATED: 25/09/2023
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petitioner was working with the concerned respondent
department for approximately more than 3 decades 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.
5. 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: -
"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.
NEUTRAL CITATION
C/SCA/23438/2022 ORDER DATED: 25/09/2023
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(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, in the considered
opinion of this Court, 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 scrutiny of case of the petitioner herein
for grant of benefit of leave encashment, within a
period of 04 weeks from the date of receipt of this
order, and whereas upon such scrutiny, if he is
found eligible, then a proposal shall be forwarded by
the respondent authorities concerned to the State
Authorities in this regard within such time.
(B) Upon such proposal being received by the
concerned Department, the same shall be
considered and a final decision including payment of
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C/SCA/23438/2022 ORDER DATED: 25/09/2023
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benefits of leave encashment 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
petition stands disposed of. Rule made absolute to the
aforesaid extent. Direct service is permitted.
(NIKHIL S. KARIEL,J)
V.V.P. PODUVAL
