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2007 Supreme(MP) 570

A.K.PATNAIK, AJIT SINGH
RAMAN KHASKALAM – Appellant
Versus
STATE OF M P – Respondent


Judgment

( 1. ) IN this writ petition, we are called upon to decide whether during the period of extra-ordinary leave granted to the Vice Chairman of the M. P. State administrative Tribunal (for short the Tribunal), allowances under Sections 22-A (2) and 22-C of the High Court Judges (Conditions of Service) Act, 1954 (for short the Act of 1954) are payable to him.

( 2. ) THE facts briefly are that the petitioner is the wife of late A. K. Khaskalam, who was appointed as a Vice Chairman of the M. P. State administrative Tribunal. Late A. K. Khaskalam, while working as Vice chairman of the Tribunal fell ill and was taken to Bombay for medical check up. He was found to be suffering from cardiac disease for which a by-pass surgery was necessary. The surgery was performed at the Bombay Hospital at Bombay but late Khaskalam could not recover fully. For treatment of his cardiac disease and kidney infection, late Khaskalam took Earned Leave, commuted leave and extra-ordinary leave and ultimately succumbed to death on 2-10-1999. Late A. K. Khaskalam was granted extra-ordinary leave from 11-9-1998 to 16-12-1998 (97 days) and from 1-2-1999 to 2-10-1999 (244 days ). In these two periods totalling










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