UNION OF INDIA vs JUSTICE (RETD.) S.N. SAXENA — C.A. No. 2664/1999

Case under Section III-A. Status: Disposed.

Disposed

CNR: SCIN010060311999

Filing Date

09-Apr-1999

Registration No

C.A. No. 2664/1999

Diary Number

6031/1999

Order Date

20-Feb-2003

Document Type

Judgment - of Main Case

Disposal Type

Dismissed

Last updated 02-Jun-2026

Acts & Sections

Section III-A

Petitioner(s)

  1. 1.UNION OF INDIA

    Adv. B. KRISHNA PRASAD

Respondent(s)

  1. 1.JUSTICE (RETD.) S.N. SAXENA

    Adv. SHRISH KUMAR MISRA (Dead / Retired / Elevated)

Case History

  1. Case disposedDisposed

  2. 20-Feb-2003

    Judgment - of Main CaseView PDF

  3. 20-Feb-2003

    ROP - of Main CaseView PDF

  4. 19-Feb-2003

    ROP - of Main CaseView PDF

  5. 09-Apr-1999

    Case filed

    Registration No. C.A. No. 2664/1999

casestatus.in Summary

Summary The Supreme Court held that retired High Court Judges are entitled to cash equivalent payment for unutilized earned leave accrued during their service, even if leave encashment was previously disbursed under their prior judicial service status before elevation. The Court ruled that such payment is mandatory under Rule 20B of the All India Services (Leave) Rules, 1955, and that elevation to the High Court does not constitute retirement that would bar entitlement to these benefits—rather, judicial service remains continuous. The Court dismissed the Union's appeals and allowed the Judges' writ petitions, also finding the Union's discriminatory denial of similar requests from other Judges unjustifiable. This case analysis is maintained by casestatus.in based on publicly available court records.

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