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 the respondent authority to make an assessment of the number of days standing at the credit of the petitioner towards leave encashment benefits.

Petitioner prayed for a direction to the respondent authority to make a cash payment in lieu of unutilized earned leave standing at his credit until the date of his retirement on superannuation. It was stated that as per rules of the Gauhati University, he was entitled to leave encashment of the unutilized earned leave for 300 days.

The Court held that leave encashment benefit could be extended only for the maximum permissible 300 days. What would be the cash benefit for the number of days of unutilized earned leave must require an evaluation/calculation by the authorities concerned. It cannot be automatically for 300 days altogether. [Bishnu Chakraborty v. Gauhati University, 2019 SCC OnLine Gau 868, Order dated 18-02-2019]

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