IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP (T) No.16580 of 2008 Date of decision : May 19, 2011 Smt. Savitri Devi …Petitioner. Versus State of H.P. and others …Respondents. Coram The Hon’ble Mr. Justice Surjit Singh, Judge. Whether approved for reporting?1 For the Petitioner : Mr. T.C. Sharma, Advocate. For the Respondents : M/s Ramesh Thakur & R.P. Singh, Assistant Advocate General. Surjit Singh, Judge(Oral) Heard and gone through the record. 2. Petitioner, who was serving as Oriental Teacher in the Education Department of Himachal Pradesh, was transferred. She did not join at her new place of posting and proceeded on medical leave. She remained absent from duty for 138 days, on the plea that she had been sick. Her plea was not accepted by the respondents and she was sanctioned Extra Ordinary Leave for the aforesaid period, without break in service. Also, she had not been paid salary for certain other period, during which she was on duty. 3. Petitioner filed an Original Application before the erstwhile H.P. State Administrative Tribunal, seeking Whether reporters of the local papers may be allowed to see the judgment? …2… directions to the respondents to sanction leave of the kind due, in place of Extra Ordinary Leave, for 138 days and also to release the salary for the duty period. On the abolition of the said Tribunal, matter came to this Court and was registered as CWP(T) No.16580 of 2008. 4. Respondents, in their reply, have stated that they are prepared to pay salary for the duty period, but leave for 138 days cannot be converted, in view of the Government instructions, pertaining to the Government employees, who do not join new place of posting, on transfer. 5. Learned counsel for the petitioner submits that in view of the reply filed by the respondents, the petitioner confines her claim only to the release of salary of the duty period and foregoes her claim, with regard to the grant of leave of the kind due for 138 days. In view of the reply filed by the respondents, writ petition is disposed of with a direction to the respondents that salary due to the petitioner for the duty period shall be released to her, within three months. May 19, 2011(sd) ( Surjit Singh ), J