The Madhya Pradesh High Court held that a married daughter cannot be denied ex-gratia and leave encashment benefits arising from her father’s service. Justices Vivek Rusia and Pradeep Mittal ruled that marital status cannot disqualify legal heirs.
The Bombay High Court held that leave encashment is akin to salary and depriving a person of leave encashment would amount to violation of Constitutional right. The Court also noted that leave encashment, is considered as property. If an employee opts to accrue earned leave to their credit, then the right to encashment is established.
