UNION OF INDIA versus JUSTICE (RETD.) S. N. SAXENA AND ORS.

UNION OF INDIA versus JUSTICE (RETD.) S. N. SAXENA AND ORS.

Retired High Court Judges, irrespective of prior encashment as judicial officers, are entitled to leave encashment at retirement based on Rules and Constitution, and any discriminatory denial of such benefits is invalid.

Parties
Appellant: Union of India; Respondents: Justice (Retd.) S.N. Saxena and Others
Jurisdiction
India
Judgment Date
20 February 2003
Procedural Posture
Civil Appeals and Writ Petition / Supreme Court Final Order
Outcome
Appeals dismissed, Writ Petition allowed
Legal Topics
Leave Encashment, Retirement Benefits, Judges’ Service Conditions, Discrimination Under Article 14
Service Law Constitutional Law Leave Encashment Retirement Benefits Judges’ Service Conditions Discrimination Under Article 14

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Parties

Union of India

Appellant

Justice (Retd.) S.N. Saxena and Others

Respondents

Procedural Posture

Civil Appeals and Writ Petition / Supreme Court Final Order

Legal Issues

  1. 1 Entitlement of retired High Court Judges to leave encashment benefits under Rule 208 of the All India Services (Leave) Rules, 1955 read with Rule 2 of High Court Judges (Conditions of Service) Rules, 1956
  2. 2 Discriminatory denial of leave encashment benefits despite precedent and sanction to similarly situated judges

Ratio Decidendi

Retired High Court Judges, irrespective of prior encashment as judicial officers, are entitled to leave encashment at retirement based on Rules and Constitution, and any discriminatory denial of such benefits is invalid.

Court Disposition

Appeals dismissed, Writ Petition allowed

Orders

  • Civil Appeals dismissed
  • Writ Petition allowed