S SARWAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this writ petition, the petitioner has sought for issuance of an appropriate writ in the nature of mandamus directing the respondents to pay cash equivalent to leave salary with interest while he held the office of Lokayukta for a period of five years.

(2.) THE short relevant facts are that the petitioner upon his retirement as Acting Chief Justice of this Court was appointed as Lokayukta on 7.2.1990 under section 3 of the Bihar Lokayukta Act, 1973 (hereinafter referred to as 'the Act ') and ceased to hold the said office on 6.2.1995 on completion of full term of five years from the date he entered upon his office. In exercise of the powers conferred by section 20 of the Act, the Governor of Bihar framed the rules called the Bihar Lokayukta (Condition of Service) Rules, 1974 (hereinafter referred to as 'the Rules '). Rule 5 of the Rules deals with the leave admissible to the Lokayukta and cash equivalent to leave salary in respect of the period of earned leave to the credit of the Lokayukta on the date he ceases to hold office. For the determination of the question involved in this case it is useful to quote the said rule in extenso :

(3.) A photo copy of the said letter dated 28.8.1997 has been annexed as Annexure 1. In reply, the petitioner wrote a D.O. dated 12.9.1997 to the then Secretary, Department of Personnel and Administrative Reforms stating that the Lokayukta is not appointed under rule 3 at all. The appointment is made under section 3 of the Act and as such the I ground for refusal of cash equivalent to leave salary was wholly untenable. The petitioner has also pointed out that his prodecessor in office, namely, Justice T.S. Mishra, was allowed cash equivalent to leave salary.