LexUNION OF INDIA versus GURNAM SINGH
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B c 700 UNtON OF INfiIA Ii. GU~NAM SINGH May 3,I~i I r&.s. P>.mAt ANo Its. 'VsNx:>.tARAr.i•Au, iJ .1 · High Court Judges' (Conditions of Strvlct) -ict 1954-Section and rules tt11JiJHTIHl!rtlldtr~Rlll• 2-Scop• of-A Judg< on'retirem<nt-Wheth<rentitleilid cash equiralent of leave salary. On his retirement as Judge of the Punjab and Haryana High Court the re•· pondent claimed cash equivalent 'of leave salary in respect of the unutilised earned leave standing to his ~redit. His clai'm was rejeCted by the Government. Allowing his petition under Article 226 of the Constitution the High Court l) directed the Government to pay the leave salary claimed by him. E G In its petition for grant of special le&Ye the ap~ellant contended that the High Court Judges' (Conditions of Service) Act 1954 being a complete code govemiDg the conditions of service of High Court Judges it would not be per· missible to proceed beyond those provisions. to discover any further rights ia favour of the Judges of tho High Court. Dismissing the petition, · HELD~ The High Court was right .in upholding tho respondent's claim tor payment of the cash equivalent of le~ve salary in respect of the period of unuti· lised earned leave at the credit of the Judge on -the date of his retirement in accordance with the provisions of rule 208 of the All India Services (Leave) Rules 1955 read with rule 2 of the High Court Judges R_ulos 1956. [706 Ji.CJ Section 24(2)(a) of the 1954 Act enables the Central GoV.mment to make rules in respect or, among others, "any otbei' matter which has to be or could be prescribed." [703 Bl The second proviso to rule 2 of the High Court Judges' Rules, 1956 provides that, in the case of a Judge of the High Court oC Punjab and Haryan, if no pro.. vision had been expressly made in the 1954 Act~ as to the conditions of his service, they shall be determined by the r~les applicable to a member of the Indian Administrative Service of thC rank of Joint Secretary to, the Government o! India stationed at New Delhi. Rule 20B of All India Services (Leave) Rules 1955, whiCh is the rule applicable lo a member of the Indian Administrative Service of the rank of Joint Secretary to the Government of India stationed at New Delhi, entitles him on retirement from service to the cash equivalent of leave salary in respect of the period of unutilised earned leave subject to a maxi· mum of 180 days. By virtue of rule 2 of the High Court Judges Rules 1956 this ... • I " I UNION l/, GUIUIAM SINGH (Pathak, J,) 701 benefit "'°'t \JO read ·~a con<\itio11 of 110rvi!!O ollio~ by a Ju<!ae of tho High <;our1. [704 B-C, 7ps A·Bl The concept of ''oarned loave" is ombodded in 'the 1954 Act under which the time spent by S Judge on duty constitutes the primary ingredient in the COD• cept of -"actual service" which ;, the reason .t!r crediting JolvC in· tl?ie leive a1+ount of a Judge. AJl\l.ouih !hA llllPJ•iPl! ·'l~r~d !lllY~" iJ QOt ell!i!loYed iij the !~54 A~t the fµnd.~qieµtal jl!emj~ f~! graql 9f le.ye I~ 8 'J\l'I" is t~11-t be ~as earned it. T~at a Judge CffD~ the !~•v• w,hic~ (~ ~f~~!te~ t~ 1!i! !~~ve ''copnt is borne outby the proviso to s. 6 of jhe 1951 Ai;t. The CJ>ncept OQ which r,ule · 2011 proceeds is familiar to and underlies the statutory sclienie relaiing io"ieave formulat•d-in the Act. It !?ears a logicil and . reasonable relationship to the •eptj~ cont~nt of that s.che~; (lg 11!41 · i! !!JU§t bi: r~g'lf~~ a.s a prnvi*on absorbed by rule 2 of the High ~Qµrt li!dj!;!i' J}l!I~ l~S~ .iq!q t!Je fii!t~fpry structure defining the conditions of service of a Judge of the High Court. [70S CH, 706AJ C1y1'< APJ'~LL~T~ ~ua1sp1cno1:1 : $p~ci~I ~~av,e Petitio!1 No. 416 of 1981. . From the judgment and order dated t~e 5th S~ptember; 1980 of the Punjab 81\d Harya'll& High Court in Civil Writ Petition No. 1515 of 1980. · ~.l!J. ~i~flq, Attorney A~er-', ~:.S· (l1inm1apr,tJiy & JJ.N. Poddar fqqb~ Peii.tjoqer. · The Order of the Court was delivered by _PATHAK, J. This petition for special leave to appeal by the P11iop of ln4ia is directe<! ~gilin~t t!)e judgment ~nd or(jer of the I;Iig~ Ccnm of Punjab an.<! Ifl1rY\l!ll\ )loJdiQg !b.e r&S,J?o~cjeJll~ a retirE.4 J\!d!!!' of t,be Hi~h f::qqrt, entitled tq f.l\e p,a.yme11t of the fash , ec19iv~lent ofle~ye salary )n respect J>f the pe,rio(j pf citrqed le\IVc at bi~ Cfe,4it O~ tb.e (j~t~ qf bjs retirement, The respondent1 Sbr.i Gurnal)I ~in~b,
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