C/SCA/6017/2025 ORDER DATED: 01/05/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO.6017 of 2025 ========================================= URVASHI JAYKUMAR MAHLA Versus STATE OF GUJARAT & ORS. ========================================= Appearance : MR HB SINGH for the Petitioner. MR ADITYA DAVDA, AGP for the Respondents. ========================================= CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI Date : 01/05/2025 ORAL ORDER 1. Rule returnable forthwith. Mr. Aditya Davda, learned Assistant Government Pleader 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) To admit and allow this petition; (b) Your Lordships may be pleased to allow the petition by issuing a writ of mandamus or any other appropriate writ order or direction, to declare and hold that the petitioners are entitled for encashment of leave to the extent of 300 days at par with other permanent employee of the respondent as recorded in the service book of the workmen; and direct the C/SCA/6017/2025 ORDER DATED: 01/05/2025 respondents to forthwith pay the same to the petitioners, preferably within a stipulated period as may be deemed fit by this Hon'ble Court; (c) During the pendency and final disposal of the present petition, Your Lordships may be pleased to direct the respondents to pay the leave encashment to the petitioners;" 3. 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 13.12.2022 has been issued by the State Government. He submits that the Government Resolution dated 13.12.2022 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 13.12.2022 and the leave encashment shall be granted to the beneficiaries of the Government Resolution dated 17.10.1988. 5. 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 the grant of leave encashment and pass appropriate orders within eight weeks from the date of receipt of C/SCA/6017/2025 ORDER DATED: 01/05/2025 this order in accordance with the prevalent Government Resolutions in force. 6. 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. It is made clear that this Court has not examined the merits of the case. (NIRZAR S. DESAI,J) SAVARIYA Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: RAJNISH NARENDRA SAVARIYA(HC00179), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 01/05/2025 17:07:14