Gujarat High Court
Kamriben Bhaglabhai Dhodi Since Decd. ... vs The State Of Gujarat on 24 June, 2024
NEUTRAL CITATION
C/SCA/9030/2024 ORDER DATED: 24/06/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 9030 of 2024
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KAMRIBEN BHAGLABHAI DHODI SINCE DECD. THROUGH LH
VINODBHAI VASANTBHAI DHODI & ORS.
Versus
THE STATE OF GUJARAT & ORS.
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Appearance:
MR DM DEVNANI(5880) for the Petitioner(s) No. 1,2,3,4,5,6,7,8,9
for the Respondent(s) No. 2,3
MS NIRALI SARDA AGP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE
Date : 24/06/2024
ORAL ORDER
1. Rule, returnable forthwith. Ms. Nirali Sarda, the learned AGP
waives service of rule on behalf of the respondents. By consent, the
matter is taken up for final disposal.
2. The present Special Civil Application is filed praying for the
following reliefs :-
"(A) Your Lordships may be pleased to admit the
petition.
(B) Your Lordships may be pleased to allow the
petition by issuing a writ of mandamus or any other
appropriate writ, direction and/or order in the nature of
mandamus directing the respondents to release the
benefits of 300 days unavailed leave encashment in
favour of the petitioners with 12% interest per annum.
NEUTRAL CITATION
C/SCA/9030/2024 ORDER DATED: 24/06/2024
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(C) Your Lordships may be pleased to direct the
respondents to revise the pension as well as gratuity
calculating from the date of initial appointment of the
deceased employees release the same along with
arrears and 12% interest.
(D) Your Lordships may be pleased to award any such
other and further relief as may be deemed just and
expedient in the interest of justice."
3. The learned counsel for the petitioners submits that the
respondent State Government has taken a decision to grant leave
encashment to the daily wagers, who are granted the benefits of the
Government Resolution dated 17.10.1988 and accordingly, the
Government Resolution dated 07.10.2022 has been issued by the
State Government. He submits that the Government Resolution
dated 07.10.2022 has been issued pursuant to the order dated
01.09.2022 passed by the Hon'ble Apex Court in Special Leave
Petition (C) No.7229 of 2022.
4. The learned AGP submits that the case of the petitioners shall
be considered in accordance with the Government Resolution dated
07.10.2022 and the leave encashment shall be granted to the
beneficiaries of the Government Resolution dated 17.10.1988.
5. The learned counsel for the petitioners also submits that the
petitioners are entitled to revision in pension as well as gratuity by
calculating the benefits from the date of initial appointment. In
support of his contention, he relies upon the judgment of this Court
in case of Executive Engineer, Panchayat (Maa & M)
Department vs. Samudabhai Jyotibhai Bhedi [2017(4) GLR
2952]. He submits that the present petitioners are similarly placed
NEUTRAL CITATION
C/SCA/9030/2024 ORDER DATED: 24/06/2024
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and hence, they are entitled to all the benefits from the initial date
of appointment which has been followed by the respondents in the
cases of various employees.
6. The learned AGP does not dispute that the State Government
has accepted the decision of this Court in Samudabhai Jyotibhai
Bhedi (supra).
7. In view of the above submissions, the respondents shall
undertake a scrutiny of the case of the petitioners and if the
petitioners are found to be eligible, then the respondents shall
consider the proposal for grant of retiral benefits from the date of
initial appointment as well as for the grant of leave encashment and
pass appropriate orders within four weeks from the date of receipt
of this order in accordance with the prevalent Government
Resolutions in force.
8. With the aforesaid observations, the present Special Civil
Application stands disposed of. Rule is made absolute to the
aforesaid extent. No order as to costs.
(ANIRUDDHA P. MAYEE, J.)
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