RAMAN KHASKALAM Vs. STATE OF M P

JUDGEMENT

(1.) IN this writ petition, we are called upon to decide whether during the period of extra-ordinary leave granted to the Vice Chairman of the M. P. State administrative Tribunal (for short 'the Tribunal'), allowances under Sections 22-A (2) and 22-C of the High Court Judges (Conditions of Service) Act, 1954 (for short 'the Act of 1954') are payable to him.

(2.) THE facts briefly are that the petitioner is the wife of late A. K. Khaskalam, who was appointed as a Vice Chairman of the M. P. State administrative Tribunal. Late A. K. Khaskalam, while working as Vice chairman of the Tribunal fell ill and was taken to Bombay for medical check up. He was found to be suffering from cardiac disease for which a by-pass surgery was necessary. The surgery was performed at the Bombay Hospital at Bombay but late Khaskalam could not recover fully. For treatment of his cardiac disease and kidney infection, late Khaskalam took Earned Leave, commuted leave and extra-ordinary leave and ultimately succumbed to death on 2-10-1999. Late A. K. Khaskalam was granted extra-ordinary leave from 11-9-1998 to 16-12-1998 (97 days) and from 1-2-1999 to 2-10-1999 (244 days ). In these two periods totalling to 341 days of extra-ordinary leave, he was not granted allowances by the State government under sub-section (2) of Section 22-A and Section 22-C of the Act of 1954.

(3.) THE petitioner moved the Secretary, Government of India, ministry of Personnel, Public Grievances and Pension, Department of personnel and Training through the Registrar of the Tribunal by letter dated 7/10-4-2001, but by letter dated 9-7-2001, the Under Secretary, Government of india, Ministry of Personnel, Public Grievances and Pensions, Department of personnel and Training informed the Registrar of the Tribunal that as per Section 8 of the High Court Judges (Salaries and Conditions of Service) Act, 1954, no salary or allowances during or in respect of extra-ordinary leave is granted to a high Court Judge. Aggrieved, the petitioner has filed this writ petition for a mandamus to the respondents to pay allowances as provided in Sections 22-A (2) and 22-C of the Act of 1954 for the period of 341 days when late A. K. Khaskalam was granted extra-ordinary leave while he was acting as the Vice chairman of the Tribunal.