DHIRENDRA MEHTA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Ms. Calla, learned AGP waives service of notice of rule on behalf of the respondent. With the consent of the learned advocates appearing on behalf of the respective parties, the matter is taken up for final hearing today.

(2.) BY way of this petition under Article 226 of the Constitution of India, the petitioner has prayed for an appropriate writ, direction and order directing the respondents herein treat as admissible for leave encashment to the petitioner his total 264 leave total sanctioned as computed of 513 half pay leave plus 7 days leave earned in vacation, as per the certificate by respondent No. 3 College and to direct the respondents to pay amount cash equivalent to reminder 114 days within four weeks.

(3.) IT is the case on behalf of the petitioner that petitioner has retired as lecturer in Gujarati from respondent No. 3 college on 31. 10. 2006. That on retirement, is entitled to leave encashment in terms of the relevant provisions under the Gujarat Civil Services (Leave) Rules, 2002, more particularly, Rules 64 and 65 of the said Rules. An office order dated 10/13. 11. 2006 recognized, accepted and certified to the credit of the petitioner 513 leave, and commuted therefrom, half day earned leave is certified to be 257. Another office order dated 20. 9. 2005 certified 7 days of vacation leave. Thus, total 264 days of leave has been qualified for encashment. It is the case on behalf of the petitioner that at the time of retirement, Bill on the basis of 264 days credited leave forwarded for encashment. The same was returned by office of the respondent No. 4, the District Treasury Officer mentioning inter-alia that only 150 half pay leave is liable to be considered. That, thereafter there was a detailed communication addressed by Registered A. D. Post dated 22. 1. 2007 by the petitioner to the Secretary, Education Department as well as Finance Department and it was submitted that petitioner had total 264 days of leave to his credit liable to be encashed in terms of Rule 65 (4) r/w Rules 64 of the Rules. That subsequent reminders dated 23. 2. 2007, 17. 3. 2007 and 23. 4. 2007 came to be addressed but all in vain. It is further submitted that in the meantime the leave encashment Rules 2002 came to be amended by Notification dated 21. 4. 2007 providing inter-alia that sub Rule 4 of Rule 65 of Gujarat Civil Service (Leave) Rules, 2002 came to be amended to delete the words " limited to one hundred fifty days". That thereafter, time and again petitioner made various representation claiming leave encashment for 264 days, however instead of 264 days of leave to petitioner entitlement, leave to the extent of 150 days only is sought to be admitted by the respondents for encashment. Hence, the petitioner has preferred the present Special Civil Application under Article 226 of the Constitution of India.