S.H.A. Raza and Bhagwan Din, JJ. - (1.) The grievance of the petitioner in this writ petition is that the sanction of payment of balance amount of leave encashment has not been received by the petitioner.
(2.) In the case of Union of India v. Gurnam Singh, AIR 1982 SC 1265, it was held by the Hon'ble Supreme Court that a retired Judge of the High Court is entitled to the payment of the cash equivalent of leave salary in respect of the period of earned leave at his credit on the date of his retirement in accordance with the provisions of Rule 20B of the All India Services (Leave) Rules. 1955 read with Rule 2 of the High Court Judges Rules, 1956.
(3.) On 18.2.1983. the Government of India, Ministry of Law, Justice and Company Affairs, New Delhi accordingly issued an order dated 18.2.1983 addressed to the Chief Secretaries of State Governments. Registrars of all High Courts, Registrar of Supreme Court, New Delhi, etc. for payment of cash equivalent of unutilised earned leave standing to the credit of Retired Judges of the Supreme Court and High Courts, at the time of their retirement.;