Two questions require decision, viz., (1) whether in view of the provisions of section 5 (3) of the Act, the limit has to be confined to five months equal to 150 days and not 180 days as in Rule 20B; and (2) whether for calculating the equivalent of leave salary admissible to a Judge the provisions of section 9 (1) of the Act would apply ? We may now refer to rule 20B of the Leave Rules as also to the two provisions of the Act: 856 "20B Payment of cash equivalent of leave salary The Government shall suo motu sanction to a member of the service who retires from the service under sub rule (1) of rule 16 of the All India Services (Death cum Retirement Benefits) Rules, 1958, having attained the age of 58 years on or after the 30th September, 1977 the cash equivalent of leave salary in respect of the period of earned leave at his credit on the date of his retirement subject to a maximum of 180 days.