IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 442 of 2011 Date of Decision : February 22, 2011 Sita Ram Petitioner Versus The Himachal Pradesh State Electricity Board Limited and others Respondents Coram: The Hon’ble Mr. Justice Kurian Joseph, Chief Justice. The Hon’ble Mr. Justice Sanjay Karol, Judge. For the petitioner : Mr. Ranjan Sharma, Advocate. For the respondents : Ms. Anjula Khajuria, Advocate. Justice Kurian Joseph, C.J. (Oral) The writ petition is filed with the following prayers:- “i) That entry made by the Respondents(s) in the service book in February 2010 vide Annexure P-9, ordering recovery of Rs. 44542/- from the Leave Encashment of the petitioner may kindly be quashed and set-aside forthwith. ii) That deduction of Rs. 44542/- made from the Leave Encashment of the petitioner may kindly be set- aside forthwith. iii) In the alternative The letters dated 10.8.2007, 6.7.2009 vide Annexures P-4 & P-8 and all actions based thereon leading to recovery/deduction may kindly be quashed and set-aside forthwith. 2 iv) That the respondents may be directed to refund the amount of Rs. 44542/- to the petitioner alongwith interest @ 15% pa from the date of retirement on 31.3.2010 till realization forthwith.” 2. Since Annexure P-10 is pending before the first respondent we do not think it necessary at this stage to go into the various contentions raised by the petitioner including the contention based on Sub Rule (3) of Rule 39 CCS (Leave) Rules. It is for the first respondent to consider all these aspects while taking the decision on Annexure P-5. Therefore, this writ petition is disposed of directing respondent No. 1 to consider the representation and pass appropriate orders thereon adverting to all the contentions taken by the petitioner including the question of law. Needful be done within a period of three months from the date of production of a copy of this judgment alongwith a copy of the writ petition by the petitioner before the first respondent. Subject to the decision thus taken on Annexure P-10, the benefits to which the petitioner is found eligible shall be disbursed within another one month. Dasti copy. (Kurian Joseph), Chief Justice. (Sanjay Karol), Judge. February 22, 2011 (PK/Jai)