IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 21082 of 2022 With R/SPECIAL CIVIL APPLICATION NO. 21115 of 2022 With R/SPECIAL CIVIL APPLICATION NO. 21170 of 2022 ==========================================================

KANTIBHAI RANCHHODBHAI BARIYA Versus STATE OF GUJARAT ==========================================================

Appearance:

MS ASHLESHA M PATEL(6127) for the Petitioner(s) No.

1,10,11,12,2,3,4,5,6,7,8,9 for the Respondent(s) No. 2,3 ADVANCE COPY SERVED TO GOVERNMENT PLEADER/PP for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE BIREN VAISHNAV Date : 09/11/2022

ORAL ORDER

In a set of these matters, this Court, on 18.10.2022, passed, the following order:

“1 Rule returnable forthwith. Mr.Soaham Joshi, learned AGP, waives service of notice of rule on behalf of the respondent – State.

2 The only prayer in these petitions is with regard to leave encashment. The issue is now covered by the decision of the Hon’ble Supreme Court in SLP No. 7229 of 2022 dated 01.09.2022, which read as under:

“ Delay condoned.

In view of the Resolution No. W.C.E. - 1588-(5)/ (2)/G.2 dated 17-10-1988, the respondent employees are entitled to retirement benefits, gratuity, provident fund etc. In addition, they are entitled to two yearly optional leaves in total of 14 casual leaves, 30 days of earned leave and 20 days half pay leaves, as well as holiday on Sunday and during the national holidays / occasions.

In view of the aforesaid position, we do not find any good ground and reason to interfere with the directions given by the High Court to pay leave encashments on the retirement of the employees, as the same would pertain to encashment of the unused earned leaves. The payment is also in the nature of retirement benefits.

However, it is clarified that the aforesaid directions would not be treated as granting the respondents a status of permanent or regular employee.

Recording the aforesaid, the special leave petitions are dismissed. Pending application(s), if any, stand disposed of.”

3 In light of the above decision of the Hon’ble Supreme Court, the petition is allowed. The respondents are directed to pay the amount of leave encashment to the extent of 300 days 9unavailed privilege leave) to the members of the petitioner Union within a period of 15 weeks from the date of receipt of copy of this order. Rule is made absolute to the above extent.”

It appears that due to inadvertence, in para 3 of the said oral judgement, in the fourth line, it was transcribed as ‘9unavailed privilege leave)’, which should now be read as (unavailed privilege leave). Rest of the order shall read the same.

(BIREN VAISHNAV, J)

BIMAL