JUDGMENT

PATHAK, J.:— This petition for special leave to appeal by the Union of India is directed against the judgment and order of the High Court of Punjab and Haryana holding the respondent, a retired Judge, of the High Court, entitled. to the payment of the cash equivalent of leave salary in respect of the period of earned leave I at his credit on the date of his retirement.

2. The respondent, Shri Gurnam Singh, was a member of the Superior Judicial, Service in the State of, Haryana. On Feb. 24. 1972 he was appointed a Judge of the High Court of Punjab and Haryana and retired on March 18, 1980 on attaining the age at 62 years. On the date of retirement the respondent had to his credit earned leave which had not been availed of by him. He claimed that be was entitled to receive the cash equivalent of leave salary in respect of the period of unutilised earned leave. He also claimed dearness allowance for the period before retirement. The claim being denied, the respondent applied to the High Court of Punjab and Haryana for relief under Art. 226 of the Constitution. The writ petition was allowed by the High Court by its judgment and order dated Sept. 5, 1980 and a direction was issu