LATE SHRI RASENGBHAI BHAGABHAI SOLANKI (THAKOR) THROUGH WIFE DEVIBEN RASENGABHAI THAKOR v. STATE OF GUJARAT
SCA/8803/2025 · 2025-07-04
Nikhil S Kariel
body2025
DailyLaw.ai
[ 2025 DAILYLAW 4616 (GUJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 4616 (GUJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
C/SCA/8803/2025 ORDER DATED: 04/07/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 8803 of 2025 ========================================================== LATE SHRI RASENGBHAI BHAGABHAI SOLANKI (THAKOR) THROUGH WIFE DEVIBEN RASENGABHAI THAKOR & ORS. Versus STATE OF GUJARAT & ORS. ========================================================== Appearance: MS ASHLESHA M PATEL(6127) for the Petitioner(s) No. 1,10,11,12,13,14,15,16,17,2,3,4,5,6,7,8,9 MR ADITYA PATHAK, ASST. GOVERNMENT PLEADER for the Respondent(s) No. 1 NIYATI D CHAUHAN(9082) for the Respondent(s) No. 2,3,4,5,6 ==========================================================
CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 04/07/2025
ORAL ORDER
1. Learned advocate Ms.Ashlesha Patel appearing on behalf of the petitioners would submit that name of petitioner no.15 may be permitted to be deleted. Permission is granted. Amendment to be carried right away.
2. RULE returnable forthwith. Learned Assistant Government Pleader Mr.Aditya Pathak waives service of rule on behalf of respondent No.1 - State and learned counsel Ms.Niyati Chauhan waives service of rule for respondents No.2 to 6.
3. By way of the present petition, the petitioners have prayed for an appropriate direction to the respondents to
C/SCA/8803/2025 ORDER DATED: 04/07/2025 extend the benefits 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 respondents No.2 to 6, 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 counsel appearing for the respondents could not dispute the legal position 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.
C/SCA/8803/2025 ORDER DATED: 04/07/2025
6. In view of the Government Resolution dated 21.10.2022, the respondents are directed to extend the benefits 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 disposed of as allowed accordingly. Rule is made absolute to the aforesaid extent. Direct Service is permitted.
(NIKHIL S. KARIEL,J) Bhoomi Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: BHOOMI YOGESHBHAI MISTRY(HC01557), PRIVATE SECRETARY, at High Court of Gujarat on 04/07/2025 18:04:17