KASHI NATH ROY Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal under Clause 10 of the Letters Patent is directed against the Judgement/order dated 15.9.2000 passed in CWJC No. 3928 of 1999(R) whereby the learned Single Judge disposed of the writ application by directing the respondents to make payment of the Provident Fund amount together with statutory interest within a month and further directed that so far claim of leave salary is concerned the same shall be considered by the Court where another writ petition challenging the removal of the petitioner/ appellants from the service is pending.

(2.) THE facts of the case lie in a narrow compass.

(3.) MR . P.K. Bhowmik, learned counsel appearing for the appellant assailed the impugned judgment on the ground that the learned Single Judge has erred in law in holding "that the earned leave cannot be with -held on the ground of removal of the petitioner from service. Learned counsel submitted that the removal order of the appellant from service has been passed by the State Government on the recommendation of the Patna High Court and hence the same has been challenged before the Patna High Court. Since, petitioner retired as District Judge from Gumla District and the writ application for payment of retiral benefits has been filed before this Court.