UNION OF INDIA vs JUSTICE (RETD.) S.N. SAXENA — C.A. No. 2664/1999
Case under Section III-A. Status: 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
Petitioner(s)
-
1.UNION OF INDIA
Adv. B. KRISHNA PRASAD
Respondent(s)
-
1.JUSTICE (RETD.) S.N. SAXENA
Adv. SHRISH KUMAR MISRA (Dead / Retired / Elevated)
Case History
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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