BHAILALBHAI MANGAJI RATHOD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned Assistant Government Pleader Ms. Jyoti Bhatt 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 petitioner. She submitted that petitioner was appointed as Daily Wager in the Road and Building Department of the State w.e.f. 21/4/1980 and upon attaining the age of superannuation, retired from services on 30/4/2020. He has put in more than 30 years of service as daily wager. It is the case of the petitioner 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 petitioner had been granted the benefits of Government Resolution dtd. 17/10/1988. Therefore, he is entitled for the benefit of 300 days leave encashment for his unavailed leave. She submitted that respondent - Road and Building Department has also issued Government Resolution dtd. 7/10/2022 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 petitioner would be entitled for continuity of his service from the initial date of his appointment for the purpose of pension. She fairly submitted that so far as 240 days are concerned, those years are to be counted where the petitioner had completed 240 days in each calendar year.