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Leave encashment of privilege leave is part of salary: SC
Case Law Details
- Case Name
- Jagdish Prasad Saini Vs State of Rajasthan (Supreme Court of India)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- Supreme Court of India
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Jagdish Prasad Saini Vs State of Rajasthan (Supreme Court of India)
Conclusion: Since the expression ‘salary’ included benefit of leave encashment which was nothing but salary for the unavailed leave to the credit of the employee, therefore, the condition that carry forward of balance privilege leave, was barred and requiring employees to seek encashment from their previous employer was an arbitrary and unconscionable condition.
Held: Assessee was appointed against sanctioned posts by a senior secondary school in 1993.High Court opined that neither gratuity nor leave encashment was...


