Daily wagers are entitled to leave encashment and pension benefits from the date of appointment based on continuous service, as established by Supreme Court ruling and government resolutions.

ORAL ORDER

1. Rule returnable forthwith. Learned Assistant Government Pleader Ms.Foram Trivedi waives service of notice of Rule on behalf of the respondent – State.

2. This petition under Article 226 of the Constitution of India is filed with the following prayers: -

"(a) To admit and allow this petition;

(b) YOUR LORDSHIPS may be pleased to issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondents to forthwith extend the benefits of leave encashment and count their services from the date of joining till the date of retirement for the purpose of pensionary benefits, till the time or retirement or death,

(c) During the pendency and final disposal of the present petition, Your Lordships may be pleased to pass an order directing the respondents to forthwith extend the benefits of leave encashment and count their services from the date of joining till date of retirement for the purpose of gratuity and pensionary benefits, at the time of retirement or death,

(d) Pass any such other and/or further orders that may be thought just and proper, in the facts and circumstances of the present case."

3. Heard learned Advocate Mr. Mukeshkumar R. Yadav for learned Advocate Mr.H.B. Singh for the petitioners and learned Assistant Government Pleader Ms.Foram Trivedi for the respondent – State.

4. Learned Advocate for the petitioners submitted that the issue in the present petition pertains to grant of benefit of 300 days unavailed earned leave and not calculating the retirement benefits of the petitioners from the date of appointment. The prayer in relation to other benefits, if any, referred in this petition, is not pressed by the learned Advocate for the petitioners at this stage.

4.1. He further pointed out that the issue involved in the present petition which is in relation to payment of leave encashment for 300 days leave as also counting the retirement benefits available to the petitioners from the date of appointment, is no more res integra in view of decision of Hon’ble Supreme Court dated 01.09.2022, in Special Leave Petition (C) No. 7229 of 2022. Learned Advocate for the petitioners submitted that present petitioners were working with the respondent department for more than 3 decades and had retired upon attaining the age of superannuation and therefore considering continuous service, the petitioners are entitled for the benefits of leave encashment as well as pension and gratuity.

4.2. He pointed that by Government Resolution dated 21.10.2022, of Irrigation Department, Gandhinagar had issued directives for implementation of the decision of the Hon’ble Supreme Court in Special Leave Petition (C) No.7229 of 2022. 4.3. He pointed out that in the Government Resolution dated 24.01.2023, of Road and Building Department, Sachivalaya, Gandhingar which has been adopted by the Irrigation Department, wherein it has resolved as under:

“At the end of active deliberations, subject to the following conditions, it is hereby prescribed to pay gratuity to the daily wagers working in offices under various departments of the State within the maximum limit of 33 (thirty-three) years as per the Resolution dated 21.10.2020 of this Department: (1) The concerned Department will have to check the eligibility of the daily wagers as per the Payment of Gratuity Act, 1972 , of the Government of India. (2) The order of this Department will also apply to the cases of retired/deceased daily wagers/work-charge employees after issuance of the resolution dated 24.03.2006 of this Department. (3) The concerned Department will have to pay gratuity to the daily wagers/work-charge employees, for the