SHIV DAYAL SHRIVASTAVA vs UNION OF INDIA

The Supreme Court ruled that under the High Court Judges (Conditions of Service) Act, 1954, judges are entitled to cash equivalent of leave salary for earned leave at retirement, as established in Union of India v. Gurnam Singh. The Court held that the ceiling of five months' leave salary, as per Section 5(3) of the Act, applies to the calculation of this cash equivalent. The petitioner was entitled to the full amount due without the excess payment being claimed back by the Accountant General.