R P KHOSLA Vs. UNION OF INDIA

JUDGEMENT

(1.) In this writ petition under Article 226 of the Constitution of India Mr. R.P. Khosla, a former Judge of this court, seeks a declaration that the petitioner is entitled to the payment of cash equivalent to the leave salary for the period of leave due to him including the dearness allowance, and a direction to the respondents to pay the amount to the petitioner forthwith. It is also prayed that the respondents be directed to pay full pension to the petitioner with effect from 29.3.1975 and the arrears due to him with interest at 12% per annum from the date of retirement till the date of actual payment.

(2.) First the factual matrix :

(3.) The petitioner retired as a Judge of this Court on attaining the age of superannuation on 29.3.1967. Thereafter, he served as an ad hoc Judge from 14.7.1967 to May, 1968. During this period of service leave accruded to the petitioner. The conditions of service of the Judges of the High Courts are determined and regulated by the High Court Judges (Conditions of Service) Act, 1954 (hereinafter called 'the Act'). In exercise of powers conferred by Section 24 of the Act, the Central Government has framed the High Court Judges Rules, 1956, (for short 'the Rules'). Rule 2 of the rules provides that the conditions of services of a Judge of a High Court for which no provision has been made in the Act, shall be, and shall form the commencement of the Constitution be deemed to have been determined by the rules for the time being applicable to a member of the Indian Administrative Service holding the rank of Secretary to the Government of the State in which the principal seat of the High Court is situated, provided that in the case of a Judge of the High Court of Delhi and a Judge of the High Court of Punjab and Haryana, Chandigarh the conditions of service shall be determined by the rules for the time being applicable to a member of the Indian Administrative Service on deputation to the Government of India holding the rank of Joint Secretary to the Government of India stationed at New Delhi.