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1 - 4 of 4 (0.40 seconds)Article 300 in Constitution of India [Constitution]
D.S. Nakara & Others vs Union Of India on 17 December, 1982
13. Leave encashment is akin to a salary, which is property.
Depriving a person of his property without any valid statutory
provision would violate Article 300-A of the Constitution of India.
Leave encashment paid on account of unutilised leave is not a bounty.
If an employee has earned it and the employee has chosen to
accumulate his Earned Leave to his credit, then encashment becomes
his right. The Hon'ble Supreme Court, in the catena of judgements held
that a person could not be deprived of his right to pension without the
authority of law, which is the constitutional mandate enshrined in
Article 300 A of the Constitution of India. The Supreme Court, in the
case of D.S. Nakara and Others Vs. Union of India", has established
the legal position that pension is a statutory right, not subject to the
whims of the authorities, but is governed by statutory rules.
State Of Jharkhand & Ors vs Jitendra Kumar Srivastava & Anr on 14 August, 2013
In the case
of State of Jharkhand and others vs Jitendra Kumar Srivastava
(2013)12 SCC 210, the Apex Court emphasised that the right to
property cannot be infringed upon without due process of law. Thus
any attempt to deprive an employee of pension, gratuity, or leave
encashment without a statutory provision, is untenable.
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