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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
AMITENDRA KISHORE PRASAD
Basant Kumari Yadav, W/o. Late Shri Amrit Lal Yadav – Appellant
Versus
State Of Chhattisgarh, Through The Secretary, Department Of Urban Administration And Development – Respondent
Order :
Amitendra Kishore Prasad, J.
1. By way of this petition, the petitioner has prayed for following reliefs :
“10.1 That, this Hon'ble Court may kindly be pleased to call for the entire records in relates to the case of the petitioner from the possession of respondents for its kind perusal. 10.2 That, this Hon'ble Court may kindly be pleased to direct the respondent's authority to consider the case of the petitioner for payment of leave encashment.
10.3 That, this Hon'ble Court may kindly be pleased to direct the respondent's authority to consider the case of the petitioner for payment of leave encashment of Rs. 04,26,496/- with 12% annual interest from 31.07.2020 to till date.
10.4 That, the Hon'ble Court may kindly be pleased to direct the respondents to consider and decide the representation of the petitioners within the period of 4 weeks.
10.5 That, this Hon'ble Court may kindly be pleased to grant any other relief/relief's in favour of the petitioner, which the Hon'ble Court deemed fit & just in the facts and circumstances of the case.”
2. Facts of the case, in a nutshell, are that the petitioner was employed as an Assistant Grade II in the Department of Urban Administration and
Retired employees are entitled to leave encashment as a matter of legal right, and undue delays in payment due to pending inquiries are not justified.
Recovery of leave encashment from retirees is impermissible without due process, including affording notice and an opportunity to defend against claims of wrongful payment.
Excess payments made to an employee due to erroneous calculations by the employer cannot be recovered from the employee's benefits unless specific legal conditions are met, protecting the employee's ....
Leave encashment constitutes salary and must be paid upon resignation if accepted unconditionally, affirming the principles of fair employment rights.
The withholding of retiral benefits, including gratuity and leave encashment, based on a pending criminal case, must be in accordance with the relevant statutory provisions and cannot be applied retr....
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