C/SCA/11360/2025 ORDER DATED: 02/09/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 11360 of 2025 ========================================================== BADARSINH DARJANSINH RATHOD (RANA) & ORS. Versus STATE OF GUJARAT & ORS. ========================================================== Appearance: MS ASHLESHA M PATEL(6127) for the Petitioner(s) No. 1,2,3,4,5,6,7 DR. POOJA ASHAR, AGP for the Respondent(s) No. 1 MR RAHUL RAJHANS FOR MR. HARDEEP L MAHIDA(7112) for the Respondent(s) No. 2,3,4,5 ========================================================== CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT Date : 02/09/2025 ORAL ORDER 1. RULE returnable forthwith. Learned Assistant Government Pleader waives service of rule on behalf of respondent No.1 - State and learned counsel Mr. Rahul Rajhans appearing on behalf of learned advocate Mr. Hardeep L. Mahida waives service of rule for respondent Nos.2 to 5. 2. By way of the present petition, the petitioners have prayed for an appropriate direction to the respondents to extend the benefits of leave encashment as per the Government Resolution dated 21.10.2022. 3. Learned counsel for the petitioners submits that the petitioners, who were working with respondent Nos.2 to 5, as daily wagers, were extended the benefits of the Government C/SCA/11360/2025 ORDER DATED: 02/09/2025 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. 4. Learned counsels 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. 5. 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. 6. The present petition is disposed of, as allowed accordingly. C/SCA/11360/2025 ORDER DATED: 02/09/2025 Rule is made absolute to the aforesaid extent. Direct Service is permitted. (SANDEEP N. BHATT,J) DIWAKAR SHUKLA Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: DIWAKAR SHUKLA(HC01778), PRIVATE SECRETARY, at High Court of Gujarat on 02/09/2025 17:06:47