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Procedure to claim leave salary after resigning from the company


25-Mar-2023 (In Labour & Service Law)
Sir, I would like to draw your attention that I have joined in the West Bengal Govt undertaking on 13.04.2010 & resigned on 31.10.2017. At the time of resigned I have 177 days E.L.. Before resigned I gave proper notice period. Can I claim leave salary now.
Answers (1)

Answer #1
641 votes
Yes you can certainly claim. Our Calcutta High Court in various judgements have observed that the leave salary is an earned benefit and the employee is very much entitled to the same. You write a detailed representation stating your entire details, e.g. date of appointment, mode thereof, approval, resignation, notice periods, details of casual leave, last pay drawn etc. and send to all the authorities of your department, even then if you do not get your claim, move to Hon'ble High Court Calcutta or SAT Bikash Bhawan which is dependent upon which service you were in. All the best. Regards
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