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ARTICLE · 29 APRIL 2025

Leave Encashment Is A Statutory Right

Counselence
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The Gujarat High Court in the Sadgunbhai Semulbhai Solanki case1 held that depriving a person of their leave encashment, which is equivalent to their salary, violates their constitutional right.

IndiaEmployment and HR
Amulya Bhat
Amulya Bhat

The Gujarat High Court in the Sadgunbhai Semulbhai Solanki case1 held that depriving a person of their leave encashment, which is equivalent to their salary, violates their constitutional right.

A. Brief Facts:

Sadgunbhai Semulbhai Solanki (Solanki) was offered to work as a helper with the Ahmedabad Municipal Corporation (AMC) in 1975. In 1982, he was offered the role of a turner, but since Solanki failed to clear the departmental examinations, he was reverted to the role of helper and was placed at a lower pay scale than that of turner.

Thereafter, his was appointed as junior clerk in 1989 but he was again reverted to the post of helper in 1993 for not passing the departmental exams despite three attempts. When he was provided with an opportunity to reappear for the examination in 2012, he refused, and consequently, he was reverted to the post of a helper.

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