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2025 DAILYLAW 3539 (GUJ)

SEMRAJSINH BACHUBHA JADEJA v. STATE OF GUJARAT

SCA/6801/2025 · 2025-05-09

Nirzar S Desai

body2025

Judgment text

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C/SCA/6801/2025 ORDER DATED: 09/05/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 6801 of 2025 ===================================================== SEMRAJSINH BACHUBHA JADEJA & ORS. Versus STATE OF GUJARAT & ORS. ===================================================== Appearance: MR GAURAV K MEHTA(5227) for the Petitioner(s) No. 1,2,3,4,5,6 MR ADITYA DAVDA ASSISTANT GOVERNMENT PLEADER for the Respondent(s) No. 1 MR RITURAJ M MEENA(3224) for the Respondent(s) No. 2,3 ===================================================== CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI Date : 09/05/2025 ORAL ORDER 1. Heard the learned counsels for the parties. 2. RULE, returnable forthwith. Learned Assistant Government Pleader Mr. Aditya Davda waives the service of rule on behalf of respondent No.1 - State and learned advocate Mr. Rituraj M. Meena waives the service of rule on behalf of the respondent Nos.2 and 3. 3. By way of present petition, the petitioners have C/SCA/6801/2025 ORDER DATED: 09/05/2025 prayed for an appropriate direction to the respondents to extend the benefit of 300 days of leave encashment, as per the Government Resolution dated 21.10.2022. 4. Learned counsel for the petitioners submits that the petitioners, who were working with the respondent Nos.2 and 3 as daily wagers, were extended the benefits of the Government Resolution dated 17.10.1988, on completion of 5, 10 and 15 years of service and were also extended the benefits of revision of pay scales. Learned counsel submits that the petitioners were paid all retiral benefits, like GPF amount, Group Insurance, Gratuity, etc. except 300 days of leave encashment. Learned counsel submits that now in view of the Government Resolution dated 21.10.2022, the petitioners are also entitled to the benefits of leave encashment for a period of 300 days. 5. Learned counsels appearing for the respondents could not dispute the aforesaid legal position C/SCA/6801/2025 ORDER DATED: 09/05/2025 and the fact that the case of the petitioners is covered by the Government Resolution dated 21.10.2022. Further, it is required to be noted that all other retiral benefits have been paid to the petitioners, except leave encashment of 300 days. 6. In view of the Government Resolution dated 21.10.2022, the respondents are directed to extend the benefit of 300 days of privilege leave to the petitioners in terms of the said Government Resolution. Such benefits shall be paid to the petitioners within a period of THREE MONTHS, from the date of receipt of this order. 7. The present petition is ALLOWED accordingly. Rule is made absolute to the aforesaid extent. Direct Service is permitted. (NIRZAR S. DESAI,J) Pallavi Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: PALLAVIBEN PRABHUDAS PANCHAL(HC01403), PRIVATE SECRETARY, at High Court of Gujarat on 09/05/2025 16:42:44