HARI SHANKAR PRASAD, J. - (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. Petitioner/appellant superannuated from the post of superior judicial service in September 1996 and after his superannuation notification was issued on 2.11.1996 by which he was removed from service. Petitioner/appellant challenged the said order of removal by filing CWJC No. 1917/ 1997, at Patna High Court. However, petitioner also filed separate writ petition in this Court being CWJC No. 3928/1999(R) seeking a direction upon the respondents for payment of Provident Fund amount and leave salary which were not paid to him. The writ petition was heard and disposed of on 15.9.2000 by the impugned judgment. Learned Single Judge directed the respondents to pay Provident Fund amount together with statutory interest, within a month from the date of receipt of copy of this order. So far other claims are concerned, learned Single Judge held that the same will be considered by the Court where the aforesaid writ application challenging the removal of the petitioner/appellant from service is pending.
(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.;