Married Daughter Entitled To Ex-Gratia, Leave Encashment If She Is Sole Legal Heir: Madhya Pradesh HC
The order was passed by a division bench comprising Justice Vivek Rusia and Justice Pradeep Mittal while hearing a petition filed by one Prasanna Namdev.
Published : February 25, 2026 at 11:26 AM IST
Jabalpur: The Madhya Pradesh High Court has ruled that a married daughter is entitled to receive ex-gratia and leave encashment benefits if she is the sole surviving legal heir of a deceased government employee.
The order was passed on Tuesday by a division bench comprising Justice Vivek Rusia and Justice Pradeep Mittal.
In its order, the bench observed, "A married daughter, if she is the sole legal heir of the deceased, cannot be denied ex-gratia and leave encashment benefits. Such amounts must be paid to the legal heirs of the deceased employee."
Acting on a petition filed by one Prasanna Namdev, the daughter of Prabhat Kumar Namdev, the court pronounced the order and directed the authorities to release both amounts to the petitioner within 60 days.
Prabhat was posted as a driver at the District Court in Narsinghpur. He died in service on May 4, 2024. The petition states that Prasanna is the only surviving legal heir of deceased Prabhat and that she is also nominated in his service records. After her father's death, she applied for settlement of retirement and service benefits. While other dues were cleared by the authorities, ex-gratia and leave encashment amounts were refused.
The petitioner said that she was denied the benefits on the ground that she is married. She argued that such denial is contrary to Article 14 of the Constitution of India, which guarantees equality before the law.
The respondents also referred to a notification issued by the Government of Madhya Pradesh on November 14, 1972. As per the notification, ex-gratia and leave encashment amounts are to be paid to the spouse of a deceased government employee. In cases of multiple wives, the amount is to be distributed equally among them. It further states that the eldest son and the eldest unmarried daughter are entitled to the benefits.
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