UNION OF INDIA vs JUSTICE (RETD.) S.N. SAXENA

The Supreme Court interpreted Rule 20B of the All India Services (Leave) Rules, 1955, in conjunction with Rule 2 of the High Court Judges (Conditions of Service) Rules, 1956, concerning the entitlement of retired High Court Judges to leave encashment benefits. The Court held that the Judges, having been elevated from the Judicial Service, are entitled to the balance of leave encashment despite the Union of India's argument regarding 'one time settlement'. The appeals by the Union of India were dismissed, affirming the High Court's decision to allow the writ petitions.