Union Of India vs Gurnam Singh on 3 May, 1982
The learned Additional Solicitor General has fairly invited our attention
to the decision of this Court in Union of India v. Gurnam Singh, [1982] 3
SCR 700, wherein it has been held that the benefit of leave encashment
would be available to Judges of the High Court in view of Rule 2 of the
Rules. Having regard to the principle laid down in the said decision of
this Court we are in agreement with the view of the High Court that in view
of Rule 2 of the Rules the High Court Judges who retired prior to October
1, 1974 were also entitled to avail the DCRG benefit that was available to
an officer of the Indian Administrative Service in the rank of the
Secretary to the State Government who is governed by the All India Services
(Death-cum-Retirement Benefits) Rules, 1958.