Gujarat High Court
Pramod Dattatrey Pandit vs State Of Gujarat on 9 January, 2024
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
NEUTRAL CITATION
C/SCA/13635/2023 ORDER DATED: 09/01/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 13635 of 2023
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PRAMOD DATTATREY PANDIT
Versus
STATE OF GUJARAT
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Appearance:
ARCHITA M PRAJAPATI(8241) for the Petitioner(s) No. 1
MS NIRALI SARDA, AGP for Respondent State
MR. ALKESH N SHAH(3749) for the Respondent(s) No. 2
NOTICE SERVED for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 09/01/2024
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: -
"(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;
(B) Pending hearing and final disposal of the present petition, Your
Lordships be pleased to direct respondent authorities to forthwith
consider the case of the petitioner for payment of 300 days leave
encashment 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;
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C/SCA/13635/2023 ORDER DATED: 09/01/2024
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(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, learned
Assistant Government Pleader Ms. Nirali Sarda for the respondent -
State and learned Advocate Mr.Alkesh Shah for respondent No.2.
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 from the initial date of appointment. The prayers in relation to
other benefits, if any, referred in this petition, is not pressed at this stage.
4.1. Learned Advocate for the petitioner 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 petitioner from the date of
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 petitioner submitted that
present petitioner was working with the respondent No. 2 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 benefits of leave encashment as well as
pension and gratuity.
4.2. Learned Advocate would submit that by Government Resolution
dated 21.10.2022, 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 Government Resolution dated
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C/SCA/13635/2023 ORDER DATED: 09/01/2024
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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.
(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
Advocate Mr.Shah for respondent No.2 - SSNNL.
7. It is also not in dispute that for counting entire length of service for
payment of leave encashment benefits, the decision of this Court in case
of Executive Engineer, Panchayat (Maa & M) Department vs.
Samudabhai Jyotibhai Bhedi reported in 2017 (4) GLR 2952 would
be applicable.
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C/SCA/13635/2023 ORDER DATED: 09/01/2024
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8. 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, 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.
9. 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.
10. The aforesaid exercise shall be completed within a period of
twelve weeks from today.
11. With the aforesaid, the petition stands disposed of. Rule made
absolute to the aforesaid extent. Direct service is permitted.
(NIKHIL S. KARIEL,J)
V.V.P. PODUVAL
