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Judgment
Nikhil S. Kariel, J
Heard learned advocate Mr. Nabil Bloch for the petitioner and learned Assistant Government Pleader Mr.Aditya Pathak for the respondent-State.
Rule returnable forthwith. Learned Assistant Government Pleader waives service of notice of Rule on behalf of the respondent – State.
By way of this petition, the petitioners have sought for the following prayers:-
“(A) Your Lordships may be pleased to issue a writ in nature of mandamus/certiorari and/or any other appropriate writ, order or direction, directing the respondent authorities to extend the service benefits like leave encashment from due date with interest, at annexure-A.
(B) Pending admission, hearing and final disposal of the petition, the respondent authorities may be directed to extend the benefit of leave encashment into cash with proper pay fixation forthwith.
(C) Any other and further reliefs may be granted in favour of petitioner as this Hon’ble Court may deem fit and proper under the circumstances of the case.”
Learned advocates for the parties would submit that the issue involved in the present petition, more particularly with regard to grant of benefit of encashment of 300 days unavailed leave, is no more res integra, more particularly in view of the decision of the Hon’ble Apex Court dated 01.09.2022, in Special Leave Petition (C) No. 7229 of 2022. It would appear that the petitioner had worked for approximately 10 years with the respondent-Department and whereas the petitioner in view of the Government Resolution dated 17.10.1988 would be entitled for leave encashment.
At this stage, learned AGP has brought to the notice of this Court to a circular dated 07.10.2022, whereby the State Government has taken a policy decision with regard to the present issue. Relevant portion of the said Circular is quoted herein below for benefit.
“According to the decision of the Supreme Court, since the retiral benefits given to the daily wagers under the resolution dated 17.10.1988 also includes the benefit of leave encashment, therefore the daily wagers are entitled to the benefit of leave encashment as per Clause (5) of the State Litigation Policy of the Government. The instructions in this regard are circulated after consultation and as per the approval received through the informal note dated 3.10.2022 of the Finance Department.
With regard to the various claims filed before the Hon’ble Court, after verifying the service record of the petitioners – daily wagers and after calculating as per rules and the policy of the Government applicable to the regular services, the benefit of encashment of earned leaves (within the maximum limit of 300 earned leaves) shall be paid in the following terms :
(1) The petitioners - daily wagers who have retired and completed 70 years as on 1.10.2022 shall be paid latest by 31.10.2022.
(2) Rest of the petitioners – daily wagers shall be paid within a period of three months, i.e. on or before 31.12.2022.”
Considering the above position, more particularly since it appears that the issue has been decided by this Court and even by the Hon’ble Apex Court and whereas since the State has also issued guidelines, as to how the said benefit has to be computed, in the considered opinion of this Court, the present petition could be disposed of with the following directions, which would meet the ends of justice.
(i) The respondents shall undertake a scrutiny of the case of the petitioner, more particularly for grant of benefit of 300 days leave encashment and whereas if the petitioner is found eligible, then the State Government shall consider the proposal by the respondent No.3 and pass appropriate orders within a stipulated time frame.
(ii) The respondent No.3 shall conduct the above referred scrutiny within a period of 04 weeks from the date of receipt of this order and whereas appropriate proposal shall be moved to the State Government within such time.
(iii) Upon such proposal being received by the concerned Department, the same shall be considered and a final decision including payment shall be taken by the State within a period of 08 weeks from the date of receipt of such proposal.
With the above observations and directions, the present petition stand disposed of. Rule is made absolute to the aforesaid extent. Direct service is permitted.