Bhupinder Singh Dhillon, J. - (1.) THE Petitioner was a member of the Superior Judicial Service in the State of Haryana before he was elevated to the Bench of the Punjab & Haryana High Court on 24th February, 1972. He attained the age of 62 years on 18th March, 1980, and retired as a Judge of the Punjab and Haryana High Court. The Petitioner had to his credit earned leave which was not. availed of by him during the service. The Petitioner claimed salary in lieu of the unutilised earned leave. The Petitioner also claimed that he is entitled to the dearness allowance. Both these reliefs were denied to the Petitioner as according to the Respondents the Petitioner is not entitled to receive cash equivalent to the leave salary in respect of the period of un -utilised earned leave nor was he entitled to dearness allowance. It is in this situation that the Petitioner filed the writ petition under Article 226 of the Constitution of India with the prayer that suitable writ, direction or order allowing the prayers made in the petition, be issued.
(2.) IN the reply filed on behalf of the Government of India by way of written statement of Shri K.C. Kankan, Deputy Secretary to Government of India, the facts are not disputed. However, it has been pleaded that the Petitioner is not entitled to receive cash equivalent to leave salary in lieu of. period of earned leave to his credit on the date of his retirement, as Rule 2 of the High Court Judges Rules, 1956 (hereinafter called the 'Rules') would not make applicable Rule 20B of the All -India Services (Leave) Rules, 1955, which are applicable to the members of the Indian Administrative Service. As regards the payment of. dearness allowance, it has been conceded in the return that the Petitioner is entitled to the same. It has been averred that on 3rd July. 1980, Government of India issued orders stating that the Judges of the High Court are entitled to draw dearness allowance from 1st December, 1978. It has, therefore, been averred that the Petitioner will be entitled to the dearness allowance claimed by him. The provisions of Article 221 of the Constitution of India, which deals with the salary, etc., of the Judges, are as follows: 221. Salaries, etc., of Judges. - 1. There shall be paid to the Judges of each High Court such salaries as are specified in the Second Schedule. (2) Every Judge shall be entitled to such allowances and to such rights in respect of leave of absence and pension as may from time to time be determined by or under law made by Parliament and, until so determined, to such allowances and rights as are specified in the Second Schedule: Provided that neither the allowances of a Judge nor his rights in respect of leave of absence or pension shall be varied to his disadvantage after his appointment.
(3.) THE Parliament has enacted an Act called the High Court Judges (Conditions of Service) Act, 1954 (hereinafter called the 'Act'). The provisions of Section 3 of the Act deal with the kinds of leave admissible to a Judge. Section 4 mainly deals with the leave account showing the amount of leave due and further provides that one -fourth of time spent by a Judge on actual service shall be credited to his leave account. Section 5 deals with the aggregate amount of leave which may be granted to a Judge. Section 5 -A deals with the commutation of leave on half allowance into leave on full allowance. Section 6 deals with the grant of leave not due whereas Section 7 deals with the grant of special disability leave. Section 8 provides for extraordinary leave Section 9 makes provision for leave allowances and Section 10 deals with the allowances for joining time. Section 13 provides that authority competent to grant and refuse leave to a Judge or revoke, curtail leave to a Judge shall be the Governor of the State in which the principal seat of the High Court is situated, after consultation with Chief Justice of that High Court. Section 14 deals with the pension payable to the Judges. It is not necessary to make reference to other provisions of the Act and suffice it to say that Section 24 of the Act is as follows: 24. Power to make rules. - 1. The Central Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: (a) leave of absence of a Judge; (b) pension payable to a Judge; (c) traveling allowances to a Judge; (c -a) use of official residence by a Judge under Sub -section (1) of Section 22A; (d) facilities for medical treatment and other conditions of Service of a Judge; (e) any other matter which has to be, or may be, prescribed. (3) * * * * * *;