STATE OF BIHAR Vs. UNION OF INDIA

JUDGEMENT

(1.) LEARNED counsel for the State has relied upon provision in Rule 15(2) and Rule 20(4) of the All India Services (Leaves) Rules, 1955 to submit that the absence of respondent no. 2 for the period in question has been regularized by grant of extraordinary leave and such leave does not entitle him to any leave salary. On that basis he submits that even after hearing respondent no. 2 we should confirm the interim stay granted at the time of admission of this appeal on 16th July, 2008, and no direction should be made for payment of salary to respondent no. 2 for the period in question.

(2.) LEARNED counsel for the respondent no. 2 submits that non-payment of salary for the period 10.2.2002 to 28.4.2004 is not only causing financial loss to the amount of salary and other payable perks to respondent no. 2 but is also adversely affecting his right to receive due pension and other retiral benefits on account of his superannuation in July, 2008.