WPSS No. 349 of 2008 Hon’ble Prafulla C. Pant J. Heard Sri I.P. Gairola, learned counsel for the petitioner. By means of this writ petition the petitioner has sought writ in the nature of certiorari quashing the order dated 29.09.2006, passed by respondent no. 2. A mandamus has also been sought commanding the respondents to pay the amount of gratuity and family pension to the petitioner. A further mandamus has been sought commanding the respondents to give job on compassionate ground to Manoj Kumar Singh Chauhan, son of the petitioner. Brief facts of the case are that one Ravindra Singh Chauhan was Assistant Teacher in Government Inter College, Shail Kumari, Pithoragarh. He admittedly died on 03.08.1995 at Etah (U.P.). Copy of death certificate is annexed as Annexure 1 to the writ petition. It appears that after 11 years of his death in the year 2006, petitioner earlier filed Writ Petition No. 328 of 2006 (S/S), which was disposed of by this Court vide order dated 08.03.2006, directing the petitioner to make a fresh representation to the respondents, who shall decide the same within tow months thereafter. In compliance of said order impugned order dated 29.09.2006 appears to have been passed by Additional Director Education, Kumaon Region, Nainital, a copy of which is Annexure 4 to the writ petition. Said order discloses that Sri Ravindra Singh Chauhan was absenting from duty without leave for 11 years before his death. One is not entitled to any kind of leave if he remains absent for continuous period of five year and he cannot be said to be on duty or in service on 03.08.1995. Having heard learned counsel for the petitioner and after going through the papers on record, this Court is not inclined to interfere in the matter, which stands already disposed of. The writ petition is dismissed in limine. (Interim Relief Application No. 2764 of 2008 also stands dismissed). (P.C.P.,J.) 14.05.2008 NS