Neutral Citation No. - 2025:AHC-LKO:16910-DB Court No. - 1 Case :- WRIT - A No. - 3231 of 2025 Petitioner :- State Of U.P. Thru. Prin. Secy. Appointment Deptt. Govt. Of U.P. Lko. Respondent :- Dr. Banmali Tandan Counsel for Petitioner :- C.S.C. Hon'ble Attau Rahman Masoodi,J. Hon'ble Ajai Kumar Srivastava-I,J. 1. Heard learned counsel for the petitioner-State. 2. This writ petition is directed against the judgement/order dated 08.08.2024 passed by the Central Administrative Tribunal, Principal Bench, New Delhi in Original Application No.2369/2023. 3. Briefly stated, the facts of the case are that the respondent herein applied for conversion of leave under the relevant Rule of the All India Service (Leave) Rules, 1955 (hereinafter referred to as the Rules, 1955). 4. The competent authority having regard to the application filed by the petitioner was pleased to pass the order dated 28.06.2019 whereby the earned leave and commuted leave was granted in favour of the respondent herein. 5. Learned counsel for the petitioner-State has argued that once the leave in the nature of extra- ordinary leave was commuted, the same would not entitle the respondent for salary during the said period. 6. Learned tribunal having regard to the relevant rules has elaborately dealt with the case at hand and set aside the order passed by the competent authority on 28.06.2019 and the competent authority was accordingly directed to re-visit the said order in the light of the provisions of Rule 19 (2) of the Rules, 1955 and pass a fresh order accordingly. 7. Having regard to the fact that even otherwise by virtue of Rule 20 (3) of the Rules, 1955 an incumbent is entitled to leave salary in lieu of commuted leave, the direction issued by the tribunal for passing a fresh order, in our humble consideration does not suffer from any illegality calling for interference in exercise of powers under Article 227 of the Constitution of India. 8. The writ petition being bereft of any merit is accordingly rejected. (Ajai Kumar Srivastava-I,J. ) (Attau Rahman Masoodi,J.) Order Date :- 25.3.2025 Shahnaz Digitally signed by :- SHAHNAZ BANO High Court of Judicature at Allahabad, Lucknow Bench