UNION OF INDIA Vs. GURNAM SINGH

JUDGEMENT

(1.) This petition for special leave to appeal by the Union of India is directed against the judgment and order of the High Court of Punjab and Haryana holding the respondent, a retired Judge, of the High Court, entitled. to the payment of the cash equivalent of leave salary in respect of the period of earned leave I at his credit on the date of his retirement.

(2.) The respondent, Shri Gurnam Singh, was a member of the Superior Judicial, Service in the State of, Haryana. On Feb. 24. 1972 he was appointed a Judge of the High Court of Punjab and Haryana and retired on March 18, 1980 on attaining the age at 62 years. On the date of retirement the respondent had to his credit earned leave which had not been availed of by him. He claimed that be was entitled to receive the cash equivalent of leave salary in respect of the period of unutilised earned leave. He also claimed dearness allowance for the period before retirement. The claim being denied, the respondent applied to the High Court 'of Punjab and Haryana for relief under Art. 226 of the Constitution. The writ petition was allowed by the High Court by its judgment and order dated Sept. 5, 1980 and a direction was issued to the Union of India to pay the amount claimed. During the course of the hearing the Union of India conceded the claim to dearness allowance in view of the order dated July 3, 1980 of the Government that the Judges of the High Court were entitled to draw dearness allowance from Dec. 1, 1979. As to the remaining claim, the High Court held the respondent, entitled to the cash equivalent of the leave salary for the period of unutilised earned leave by giving him the benefit of R. 20-B, All India Services (Leave) Rules, 1955 by virtue of R. 2 of the High Court Judges Rules, 1956. The order of the High Court is assailed before us.

(3.) In our opinion, the High Court is plainly right. Article 221 of the Constitution provides for the payment of salaries and allowances to a Judge of a High Court Clause (2) of Art. 221 declares: