Earned leave encashment is a Constitutional Right, Equivalent to Property: HC

The Gujarat High Court ruled that denying earned leave encashment violates constitutional rights, equating it to salary and property. The case involved retired Ahmedabad Municipal Corporation (AMC) employee Sadgunbhai Solanki, who sought ₹2.80 lakh for accumulated leave.

AMC denied the claim, citing unauthorized leave post-resignation.

Justice M.K. Thakker upheld a labor court’s directive, stating that earned leave encashment is a right; depriving it without statutory provision violates the Constitution.

Solanki, employed since 1975, retired in 2014 after unresolved resignation terms. The court ordered AMC to honour the dues, reinforcing employees' rights to benefits accrued during service.