...Jyotsna Rewal Dua, J.:— Actual monetary benefits admittedly due to the petitioner towards revised leave encashment, on account of re-fixation of her pay in higher pay-scale...-fixation of petitioner's pay, revised sanction was accorded in her favour for payment of leave encashment of 300 days of un-utilized earned leave. The order in this regard was passed by the respondent...department on 10.02.2021 (Annexure P-4). The amount of leave encashment already paid to the petitioner at the time of her retirement was Rs. 13,93,520/-. The amount of revised leave encashment in light...

...as CWP (T) No. 12112 of 2008.2. In fact, by means of the present petition, the petitioner seeks directions to the respondents to release the pension, gratuity and leave encashment with...petitioner is entitled for the leave encashment and gratuity. After retirement, only the gratuity amount of Rs. 65,000/- was released to the petitioner. Now the petitioner sought the relief directing...entitled to leave encashment and gratuity. The respondents in their reply affidavit contended that they are to pay the gratuity and leave encashment to the petitioner out of its sanctioned grants...

...G.P.F. amount has been paid. He has also been granted 90% of the pension. (v) In regard to the other retrial benefits, like Gratuity and leave encashment, the appellant filed a writ...Gratuity and Full Leave Encashment amount till the disposal of the criminal case pending against him in RC 47(A)/96 under Rule 47(b) of the Pension Rules. (viii) Aggrieved by the same...Government has no power to withhold full pension, gratuity and leave encashment pending criminal proceeding. (ix) When this matter came up before the Division Bench, a judgment in L.P.A...

...the amount received as “leave encashment and overtime wages”, has preferred this special leave petition. Leave granted.2. The facts lie in a narrow compass: the Government of...@ 15% of the basic wage. The workmen demanded calculation of 15% of the said allowance by taking into account the amount paid as overtime, leave encashment and all other allowances. When the employer did...following reference:“Whether the exclusion of payment of overtime, leave encashment, bonus and retaining allowance while calculating the hill development allowance by...

...vide order dated 19-2-2003 had granted interest @ 12 per cent per annum on the amount of leave encashment. Counsel appearing for the Bihar University had fairly agreed before the Single Judge that if...the interest on the amount of the leave encashment had not been paid to the appellant, then the same shall be calculated and paid. The appellant being aggrieved filed an appeal before the Division...interest to the petitioner.”5. We agree with the counsel for the appellant that the interest on the delayed payment of the amount of leave encashment granted by...

...meeting the liability for encashment of earned leave by the employee is an admissible deduction?”2. The appellant Company has two sets of employees. One set of...beneficial schemes for its employees for encashment of leave. The officers are entitled to earned leave calculated at the rate of 2.5 days per month, i.e, 30 days per year. The staff (other than officers) is...leave apply for encashment whereupon they would be paid salary for the period of leave earned but not availed. So does the scheme extend facility of encashment to the staff in respect of the vacation...

...privilege leave salary to the tune of Rs. 36.20 lakhs. The application also produced a chart of calculation of gratuity and leave encashment. This application was not allowed. Contemporaneously, the...this court had not been properly complied with, to the extent that they had not been paid privilege leave encashment and gratuity amounts.7. The High Court by the impugned...matter further. The High Court was of the opinion that neither gratuity nor leave encashment was covered by the expression “salary”, even under Rule 10 of the 2010 Rules or under the Rajasthan Non...

...supperannuated from service on 31.10.96 He was then holding the post of Travelling Veterinary Officer. He was not paid his full pension, gratuity and leave encashment dues which compelled him to file a writ...petition before this Court claiming payment of full pension, gratuity and leave encashment dues. A learned Judge of this Court has held that since the petitioner has been chargesheeted in a criminal case...involving defalcation of public fund, 10% of the pension, gratuity and leave encashment dues may be withheld till conclusion of the trial. The judgement order of the learned Judge has been impugned...

...petitioner, has not been paid to him till date. This fact has not been disputed by Counsel for the respondents.4. That apart, pension, gratuity and leave encashment benefits...matter with the State Government for the sanction of Rs. 3100 lac to defray the liability of gratuity and leave encashment vide letter dated 8.5.2014.4. The respondent...including gratuity and leave encashment is a property within the meaning of Article 300A of the Constitution of India. The petitioner cannot be deprived of the same.”6...

....3. Present petition has been filed by the petitioner alleging that despite the petitioner having retired, the leave encashment benefit to which the petitioner is entitled has not been..., the amount of leave encashment has not been paid to the petitioner.5. There is no statutory provision shown at the bar entitling respondents to withhold the leave...encashment benefit.6. Considering the fact that there is no statutory powers vested with the respondents to withhold the payment of leave encashment benefits, the action of the...

...27.03.2001 and second one on 25.06.2001; pension was released after 9 months and the leave encashment was released after 6 months of the retirement.With regard to the commutation of pension...entitled to interest @ 8% p.a on the delayed payment of retiral benefits. The interest will become due w.e.f 01.05.2000 Let the interest on the above components i.e gratuity, arrears of pension and leave...encashment be computed @ 8% p.a from 01.05.2000 till the date of payment and the same be released to the petitioner within a period of two months from the date of receipt of a certified copy of this...

...Adarsh Kumar Goel, J.1. This appeal has been preferred against order of learned Single Judge setting aside withholding of gratuity and leave encashment. Learned counsel for...passed separately, the appellants have no grievance in this appeal in that regard. Thus, only surviving issue is validity of withholding of gratuity and leave encashment. At the time of admission of...the appeal, 50% of the amount of gratuity and leave encashment was ordered to be paid. Learned counsel for the appellants states that the amount has already been paid.2. The respondent...

...passed by respondent No.2 whereby the respondent No.2 has sanctioned only 87 days for leave encashment. Counsel for the petitioner submits that as per the provisions of Rule 25 and...Rule 27 of M.P Civil Services (Leave) Rules, 1977, the petitioner is entitled for 300 days leave encashment. Counsel for the respondent submits that as per the circular dated 13/5.../2008, Annexure R-2, the case of the petitioner has been decided and he has been found to be entitled for 87 days leave encashment. Counsel for the petitioner referred the service book and submitted...

...superannuation and retired from service on 31.10.1991 after rendering 34 years of service. Petitioner has been denied the benefit of leave encashment on the score that there were no statutory provisions. In...view of the denial of leave encashment, petitioner submitted an application under Section 33-C-2 of the Industrial Disputes Act, 1947 (for short "the Act") before the Labour Court seeking...benefit of leave encashment for 240 days. Labour Court held that petitioner is not entitled by saying that there is no provision for employees of Rajya Bal Bhawan by which benefit of leave encashment could...

...case that they are not paid pension and retiral benefits. Hence, common prayer is made for payment of pension, DCRG, commutted value of pension and leave encashment etc. 2..., leave encashment and arrears. 4. In the affidavit dated 29 October, 2020, it has been stated that the Board of Directors of respondent-Corporation have approved the creation...to settle the retiral benefits. 6. Learned Senior Counsel submits that: (i) in respect of leave encashment and DCRG, principal amount of DCRG upto October 2017 and...

...NGEIs receiving aid are entitled to leave encashment benefits after retirement under the Act and the Rules framed thereunder.”3. By the impugned judgment, the...the extent of the answer to the third question in the light of the said submissions.5. On the third question in relation to entitlement for leave encashment benefit, the...held that whatever allowance the teachers of government educational institutions are entitled to, would also be available to the teachers of NGEIs. In the opinion of the Full Bench, leave encashment is...

...payable to him as profits or dividend if it had not been paid as bonus or commission. Under Clause (f) of Section 43B any sum payable by the employer/assessee to its employees as leave encashment shall...mercantile system of accounting which is permissible in law. Hence, the amount payable to its employees as leave encashment was to be shown in the balance sheet as a liability for each and every year...such the same would not be available for challenge. (iii) Leave encashment is not an ordinary trading liability. It was for the benefit of the employees and their welfare and the...

...Shree Chandrashekhar, J.:— Seeking a direction for payment of post-retiral benefits such as, gratuity, leave encashment, commutation of pension, G.P.F etc., the petitioner approached this...Court.2. During the pendency of the writ petition, all post-retiral benefits except, leave encashment were paid to the petitioner. In the counter-affidavit, the respondents have pleaded...that leave encashment amount has been withheld on account of petitioner's over-stay in the company's quarter which he was permitted to retain for a period of three months after his superannuation...

...postretiral benefits such as, gratuity, leave encashment, commutation of pension, G.P.F. etc., the petitioner approached this Court. 2. During the pendency of the writ petition, all...postretiral benefits except, leave encashment were paid to the petitioner. In the counteraffidavit, the respondents have pleaded that leave encashment amount has been withheld on account of...respondentBCCL has framed a rule for withholding leave encashment on the ground of unauthorised occupation of company's quarter. It is also not pleaded by the respondentBCCL that the petitioner agreed...

...petition, the petitioner has sought release of leave encashment amount of Rs.5,63,680/- and also grant of benefits of pay scale revision w.e.f 01.01.2016 with interest. 3.... It is now admitted that the leave encashment amount has 1 Whether reporters of Local Papers may be allowed to see the...