Leave Encashment Archives

Leave encashment under Sikkim Leave Rules

Supreme Court overturns Sikkim High Court ruling on leave encashment for re-employed retired government employees beyond 300 days under Sikkim Leave Rules

While leave encashment served to reward the extraordinary work ethic of an employee, its application needed to uphold both the legal rights of the employee and the long-term viability of the institution. Courts, therefore, had to interpret leave encashment provisions and related statutes in a manner that protected against undue financial burden on the employer while ensuring lawful entitlements were honored.

Case Briefs High Courts

“Leave encashment can’t be viewed as discretionary bounties but as legal rights enforceable under the Constitution”: Karnataka HC

The Court opined that entitlement to leave encashment is integral to the fundamental rights enshrined under Art. 19(1)(f) and Art. 31 of the Constitution and administrative instruction lacking the force of law cannot override constitutional protections.

Case Briefs High Courts

‘Leave encashment once earned, constitutes employee’s property’; Bombay HC directs bank to pay encashment of privileged leave to its former employees

The Bombay High Court held that leave encashment is akin to a salary, which is a property, and depriving a person of his property without any valid statutory provision would violate Article 300-A of the Constitution.

Case Briefs High Courts

Section 10(10-AA) of Income Tax Act 1961 differentiating tax on leave encashment between State and Central Government employees, not violative of Article 14: Patna High Court

“If there is equality and uniformity in each group, the law will not become discriminatory, though due to some fortuitous circumstance arising out of peculiar situation, some included in a class get an advantage over others so long as they are not singled out for special treatment.”

Case Briefs High Courts

Sikkim High Court | Retired Government employee cannot be denied Leave encashment benefits unless re-employment is contractual

Sikkim High Court: While deciding the instant writ petition regarding leave encashment of a retired re-employed employee of the State

Case Briefs High Courts

Tri HC | Employer harassing employee by not releasing gratuity and leave encashment; Appeal allowed

Tripura High Court: Arindam Lodh, J. while noting that there were no legitimate grounds to deny the employee of gratuity and other

Case Briefs High Courts

Utt HC | State directed to release the arrears of the deceased-in harness in the favour of the family along with interest

Uttaranchal High Court: The Division Bench of Raghvendra Singh Chauhan, CJ. and Sanjaya Kumar Mishra, J., allowed a petition which was filed

Case Briefs High Courts

Jhar HC | Retiral benefits are not bounty to be given to employees; rather, it is right of employees to get retiral benefits

Jharkhand High Court: Dr S.N. Pathak, J., allowed the present petition, directing the respondents to make payment of the entire retiral benefits

Case Briefs High Courts

Pat HC | Retired clerk of a minority school entitled to payment of leave encashment as per his entitlement

Patna High Court: The Bench of Nilu Agrawal, J. allowed a civil writ petition directing payment of leave encashment to a clerk

Case Briefs High Courts

Gau HC | Leave encashment benefit can be extended only for maximum permissible 300 days under the rules of Gauhati University

Gauhati High Court: The Bench of Manojit Bhuyan, J. disposed of a writ petition filed for leave encashment benefit with direction to

Case Briefs High Courts

Raj HC | Computation of actual benefits of leave encashment and salary of summer vacations under UGC Regulations ordered

Rajasthan High Court: A Division Bench comprising of Goverdhan Bardhar and Mohammad Rafiq, JJ., upheld the appeal directed against the order passed by

Case Briefs High Courts

Only gratuity but not leave encashment can be withheld of a retired employee pending investigation: P&H High Court

Punjab and Haryana High Court: A Single Judge Bench of Shekher Dhawan, J., dealt with a writ petition for the release of