High Court of Gujarat
SAHDEVSINH KALYANSINH RAYJADAversusSTATE OF GUJARAT
- Decided
- Disposal
- 58-RULE ISSUED & RULE ABSOLUTE/ALLOWED @FH
- Bench
- NIRZAR S DESAI
Holding
The respondents must extend the benefit of 300 days of privilege leave encashment to the petitioners as per the Government Resolution dated 21-10-2022.
Summary
The petitioners, daily wage workers employed by the respondents, had received all statutory retirement benefits except for the encashment of 300 days of privilege leave. They relied on a Government Resolution dated 21 October 2022, which extended such leave encashment benefits to eligible retirees. The petitioners sought a direction for the respondents to pay the outstanding leave encashment within three months of the order. The respondents did not contest the applicability of the 2022 resolution to the petitioners' case. The Court held that, in view of the resolution, the respondents are obligated to grant the 300 days of leave encashment to the petitioners. Accordingly, the petition was allowed and the respondents were directed to make the payment within three months.
Issues considered
- Whether the petitioners are entitled to the benefit of 300 days of privilege leave encashment under the Government Resolution dated 21-10-2022.
Subjects
- leave encashment
- retirement benefits
- government resolution
- daily wagers
- privilege leave
- Gujarat High Court
Judgment
C/SCA/15169/2025 ORDER DATED: 20/04/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 15169 of 2025
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SAHDEVSINH KALYANSINH RAYJADA & ANR.
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR GAURAV K MEHTA(5227) for the Petitioner(s) No. 1,2
MS KINJAL VYAS AGP for the Respondent(s) No. 1
MR RITURAJ M MEENA(3224) for the Respondent(s) No. 2,3
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CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 20/04/2026
ORAL ORDER
1. RULE returnable forthwith. Learned Assistant Government
Pleader for respondent No.1 - State and learned counsel Mr.
Ruturaj Meena appearing for respondent Nos.2 and 3 waive
service of Rule.
2. By the present petition, the petitioners have prayed for
an appropriate direction to the respondents to extend the
benefit of 300 days 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 the respondent Nos.2 and 3 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
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C/SCA/15169/2025 ORDER DATED: 20/04/2026
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 aforesaid 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 benefit 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 allowed accordingly. Rule is made
absolute to the aforesaid extent. Direct Service is permitted.
(NIRZAR S. DESAI,J)
BHAVIN MEHTA
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: BHAVINKUMAR DEVENDRABHAI MEHTA(HCW0108), ENGLISH STENOGRAPHER GRADE I, at High Court of Gujarat on 20/04/2026 16:26:00
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