Gujarat High Court
Dhanjibhai Bhagvanbhai Patel vs State Of Gujarat on 29 September, 2023
Bench: Nikhil S. Kariel
NEUTRAL CITATION
C/SCA/14089/2023 ORDER DATED: 29/09/2023
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 14089 of 2023
==========================================================
DHANJIBHAI BHAGVANBHAI PATEL
Versus
STATE OF GUJARAT
==========================================================
Appearance:
ARCHITA M PRAJAPATI(8241) for the Petitioner(s) No. 1
MS NIRALI SARDA, AGP for the Respondent(s) No. 1
NOTICE SERVED for the Respondent(s) No. 2
==========================================================
CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 29/09/2023
ORAL ORDER
1. Rule returnable forthwith. Learned Assistant Government Pleader
waives service of notice of Rule on behalf of the respondent - State.
2. This petition under Article 226 of the Constitution of India is filed
with the following prayers: -
"9.(A) That this Hon'ble court be pleased to hold and declare that the
Petitioner is entitled for leave encashment of 300 Days at par with
other Employees of the Respondents and accordingly be pleased to
direct the Respondents to pay the amount towards leave encashment
to the Petitioner considering the initial date of appointment of the
Petitioner as mentioned in the Pension Payment Order (Annex.B); .
(B) Pending hearing and final disposal of the present petition,
Your Lordships may be pleased to direct the Respondent Authorities
to forthwith consider the case of the Petitioner for extending the
benefit of payment of 300 days leave encashment by considering the
total length of service rendered by the Petitioner and pay the same in
light of the law laid down by this Hon'ble Court and confirmed by
the Hon'ble Apex Court.
NEUTRAL CITATION
C/SCA/14089/2023 ORDER DATED: 29/09/2023
undefined
(C) Any other relief which may deem fit and proper in the facts
and circumstances of the case may please be granted."
3. Heard learned Advocate Ms. Archita Prajapati for the petitioner and
learned Assistant Government Pleader Ms. Nirali Sarda for the respondent
- State.
4. Learned Advocate for the petitioner 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 by learned Advocate for the petitioner, 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 unavailed
earned 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 submitted that present petitioner was
working with the respondent department for more than 3 decades and had
retired upon attaining the age of superannuation and therefore considering
continuous service, the petitioner is entitled for the benefit of leave
encashment.
4.2. She 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. In relation to leave encashment vide the 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/14089/2023 ORDER DATED: 29/09/2023
undefined
"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. In view of the above said position, this Court deems it appropriate to
direct the respondents to undertake scrutiny of case of the petitioner herein,
NEUTRAL CITATION
C/SCA/14089/2023 ORDER DATED: 29/09/2023
undefined
and upon such scrutiny, if the petitioner is found eligible, then a proposal
for considering the case of the petitioner for payment of leave encashment
shall be forwarded to the State Authorities in this regard and thereafter, the
State Authority shall consider proposal of the petitioner herein expeditiously
and in consonance with the State policy.
8. The aforesaid exercise shall be completed within a period of twelve
weeks from today.
9. With the aforesaid, the petition stands disposed of. Rule made
absolute to the aforesaid extent. Direct service is permitted.
(NIKHIL S. KARIEL,J)
BDSONGARA
