[Cites 2, Cited by 0]
Gujarat High Court
Prafulsinh Khengarji Jadeja vs State Of Gujarat on 17 April, 2026
NEUTRAL CITATION
C/SCA/4779/2020 JUDGMENT DATED: 17/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 4779 of 2020
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE MAULIK J.SHELAT
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Approved for Reporting Yes No
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PRAFULSINH KHENGARJI JADEJA
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MS PRACHI UPADHYAY FOR MR VAIBHAV A VYAS(2896) for the
Petitioner(s) No. 1
MS FORUM SUKHADWALA, AGP for the Respondent(s) No. 1,2
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CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT
Date : 17/04/2026
JUDGMENT
1. Rule returnable forthwith. Ms.Forum Sukhadwala,
learned AGP, waives service of Rule on behalf of the State-
respondents.
1.1 With the consent of the learned advocates for the
respective parties, the present matter is taken up for hearing.
2. Heard Ms.Prachi Upadhyay, learned advocate for
Mr.Vaibhav Vyas, learned advocate for the petitioner and
Ms.Sukhadwala, learned AGP appearing for the State-
respondents.
NEUTRAL CITATION
C/SCA/4779/2020 JUDGMENT DATED: 17/04/2026
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3. The present petition is filed under Article 226 of the
Constitution of India, seeking the following reliefs :
"(A) Direct the respondent authorities to make payment of
Leave Encashment to the petitioner as per his entitlement,
along with interest at the rate which the Honourable Court
may consider as just and proper in the facts and
circumstances of the case, and
(B) Direct the respondent authorities to make payment of
transfer allowance to the petitioner, upon his transfer from
Kutch to Banaskantha as per the entitlement of the
petitioner, along with interest at the rate which this
Honourable Court may consider as just and proper in the
facts and circumstances of the case, and
(C) Pending admission and final disposal of this petition the
Honourable Court may be pleased to direct the respondent
authorities to consider the case to the petitioner for the
payment of Leave Encashment and Transfer Allowance as
per the Rules and the Policy of the Government, and
(D) Award the cost of this petition, and"
4. At the outset, Ms. Sukhadwala, learned AGP, has drawn
the attention of this Court that during the pendency of this
petition, the amount of leave encashment and travelling
allowance both have been paid to the petitioner and as such,
nothing survives in this petition.
5. Per contra, Ms.Upadhyay, learned advocate for the
petitioner, would also confirm the aforesaid fact, but would
submit that as per the instructions of her client, while making
the payment towards leave encashment, there is a shortfall of
around 23 days of earned leave. It is also submitted that the
petitioner retired from service on 31.10.2018, whereas
payment towards leave encashment was paid to the petitioner
in the month of May 2020; therefore, the petitioner is entitled
to receive interest for such delayed payment.
NEUTRAL CITATION
C/SCA/4779/2020 JUDGMENT DATED: 17/04/2026
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6. Having heard the learned advocates for the respective
parties and upon perusal of the pleadings, it has come on
record that during the pendency of this petition, the amounts
towards leave encashment and travelling allowances were
paid to the petitioner. Nonetheless, the same have been paid
belatedly. I have minutely gone through the reply submitted
by the respondents, wherein the only reason stated for the
delay in payment is administrative lapses. The relevant para 7
of the affidavit-in-reply filed on behalf of respondent No.2
reads thus:
"7. In Reference to the Ground as stated in Para 4(a) of
the petition, I say and submit that the allegations made in
this paragraph are denied to the extent they impute
illegality, arbitrariness, or discrimination on part of the
respondent authorities. It is submitted with utmost respect
that the delay in disbursal of Leave Encashment was solely
attributable to administrative lapses arising out of delayed
submission of requisite bills by the concerned subordinate
office, and not due to any deliberate or mala fide act of
omission or commission by the respondent."
7. Once it has been admitted by the respondents that due
to administrative lapses there was a delay in making payment
of retirement benefits like leave encashment, the petitioner is
entitled to receive interest for the delayed payment. As per
the settled position of law, on retirement, the employee
concerned is entitled to receive all retirement benefits
including pension and in case of any inordinate delay without
any just cause, in such an eventuality, the employee
concerned is entitled to receive interest. (See : D.D. Tewari
(D) Thr. Lrs vs Uttar Haryana Bijli Vitran Nigam Ltd -
(2014) 8 SCC 894).
NEUTRAL CITATION
C/SCA/4779/2020 JUDGMENT DATED: 17/04/2026
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8. So far as the grievance of the petitioner that there is still
non-payment of leave encashment for 23 days is concerned,
according to my view, without further deliberating upon such
issue, it can be observed that if she so desires, the petitioner
may make a suitable representation to the respondent
authority with appropriate details. In a case where such
representation is received from the petitioner, the
respondents are hereby directed to decide the same in
accordance with law within a period of one month from the
date of receipt of such representation.
9. In view of the foregoing discussion and reasons, the
respondents are hereby directed to pay 6% p.a. interest on the
amount of leave encashment, i.e., Rs.3,80,068/-, from
01.11.2018 to 13.05.2020, as it appears that the said amount
was credited to the account of the petitioner on 13.05.2020.
The aforesaid amount of interest shall be paid to the
petitioner within four weeks from today.
10. In view of the above, the present petition is partly
allowed. Rule is made absolute, to the aforesaid extent. There
shall be no order as to costs.
(MAULIK J. SHELAT, J)
GAURAV J THAKER
