Office Superintendent
+1 Other

Gd afternoon

I am Arpita,


Employee can exceed earned leave limit: High Court

Saurabh Malik

Tribune News Service

Chandigarh, October 15

In a significant judgment, the Punjab and Haryana High Court has ruled that the accumulated unutilised leave of an employee cannot be reduced to 300 days even if he is entitled to leave encashment for a maximum of 300 days.

The ruling came in case of Haryana Government employees after the High Court was told that accumulated earned leave was reduced to 300 days time and again during the course of service on the assumption that they were entitled to a maximum of 300 days earned leave.

Eventually, when the time came for encashment of unutilised earned leave, they were granted the benefit for lesser number of days.

“If an employee is entitled to leave encashment for a maximum limit of 300 days, that does not mean that the accumulated unutilised leave is to be reduced to 300 days if it exceeds the limit. The earned leave will continue to accumulate till the retirement of the petitioners and the petitioners are to be granted the maximum benefit of 300 days, as stated in the rules,” Justice Kuldip Singh ruled.

The ruling came on a petition by Jaipal Phogat and another petitioner against the State of Haryana and other respondents. Justice Kuldip Singh asserted the “unfortunate controversy” was regarding the method used to calculate unutilised earned leave of petitioners Jaipal Phogat and Jaibhagwan.

Retired mechanics, the petitioners had claimed that they were entitled to leave encashment of 300 days unutilised earned leave. Petitioner number one was is entitled to 300 days leave encashment, but was granted the benefit of 257 days. Petitioner number two, on the other hand, was entitled to 268 days leave encashment, but was granted the benefit of 211 days.

During the course of the hearing, Justice Kuldip Singh asked both parties to file calculation sheets. He added that the examination of calculation sheet regarding Phogat showed mischief was done while calculating unutilised earned leave on April 27, 1999, May 22, 2003, and October 31, 2007.

The unutilised earned leave for 362 days, 375 days and 335 days, respectively, was reduced to 300 days on the assumption that the petitioner was entitled to a maximum of 300 days earned leave.

Similarly, in Jaibhagwan’s case, earned leave was reduced on August 11, 2002, May 22, 2003, and August 22, 2003, from 308 days, 307 days and 305 days, respectively.

“The calculation done by the respondents is not only mischievous, but wrong application of the principle of calculation of unutilised earned leave is also there. As such, the calculations made by the petitioners are accepted and that of the respondents are set aside,” the High Court ruled.


What is the calculation of earned leave ?
23rd November 2016 From India, Cuttack
Hello Arpita
I have not gone through the case law though I also came to know of it.A reading of the facts of the case will make the issue clear. A leave policy will be governed by the language it adopts. From the facts given by you, it seems the leave policy limits the maximum number of leave up to 300 days but does not put ny limit on accumulation of leave. and therefore the employees must have been held entitled to to accumulate leave beyond 300 days but leave encasement can be only of 300 days.

23rd November 2016 From India, Mumbai
Hi, The calculation for earned leaves is as below. (Basic + DA) / 30 Days * No. of Leaves (17400+22968) / 30 Days * 300 leaves = Rs. 403680/- Thanks & Regards, Yugal Panchal 7405375693
23rd November 2016 From India
Howmany earned leaves can be deposited in a year? Actually as per AP shops and establishment act, we had 15 days earned leaves deposited per year. is it applicable to all states of shops and establishments act?
24th November 2016 From India, Hyderabad
Arpita Nanda Hi, Useful annual leave calculation formula.
6th December 2016 From India, Cuttack

Attached Files
Membership is required for download. Create An Account First
File Type: pdf Format of leave record (year).pdf (97.2 KB, 747 views)

can we forwarded remaining worker leave in next financial year
11th April 2019 From India, Sonipat
Add Reply Start A New Discussion

Cite.Co - is a repository of information created by your industry peers and experienced seniors. Register Here and help by adding your inputs to this topic/query page.
Prime Sponsor: TALENTEDGE - Certification Courses for career growth from top institutes like IIM / XLRI direct to device (online digital learning)

About Us Advertise Contact Us
Privacy Policy Disclaimer Terms Of Service

All rights reserved @ 2019 Cite.Co™