SENDHAJI SHIVAJI THAKOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned Assistant Government Pleader Mr.Sahil Trivedi waives service of Rule on behalf of the respondents.

(2.) This petition is filed by the petitioners, with following prayers :

(3.) Heard Learned advocate Ms.Vilas Purani for the petitioners. She submitted that petitioners were appointed as Daily Wagers in the Forests and Environment Department of the State w.e.f. 21/4/1981 and 1/9/1981 respectively and upon attaining the age of superannuation, retired from services on 31/8/2020 and 31/1/2021 respectively. They have put in 38 years of services as daily wagers. It is the case of the petitioners that pursuant to the decision of the Hon'ble Supreme Court in the case of State of Gujarat and others vs. P.W.D. Employees' Union and others reported in (2013)12 SCC 417 and (2019)15 SCC 248, the petitioners have been granted the benefits of Government Resolution dtd. 17/10/1988 and 15/9/2914. Therefore, they are entitled for the benefits of 300 days leave encashment for their unavailed leave. She submitted that respondent- Forest Department has also issued Government Resolution dtd. 13/12/2022 granting benefits of leave encashment to the retired daily wagers, who have been granted the benefits of Government Resolution dtd. 17/10/1988. She submitted that in view of the decision of this Court in the case of Executive Engineer, Panchayat v. Samudabhai Jyotibhai Bhedi reported in 2017(4) GLR 2952, the petitioners would be entitled for continuity of their services from the initial date of their appointments for the purpose of pension. She fairly submitted that so far as 240 days are concerned, those years are to be counted where the petitioners have completed 240 days in each calendar year.