1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CIVIL WRIT PETITION NO.4303/05 R.P. Garg vs. The Oriental Insurance Co. Ltd. & Ors. Date of order : 9/2/2009. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri M.C. Taylor for the petitioner. Shri Rajendra Kr. Salecha for the respondent. ****** The present writ petition has been filed by the petitioner for claiming benefits of encashment of leave, gratuity, the amount of medi claim, the amount wrongly deducted form the transfer allowance and the amount illegally deducted from the exgratia payment. Learned counsel for the petitioner submitted that as per the application submitted by the petitioner for voluntary retirement, which was duly countersigned and verified by Shri Jaymal Meena, Branch Manager, Behror, the earned leave at the credit of the petitioner as on 31.12.2003 were of 238 days. Learned counsel for the respondents has refuted this and submitted that as per records of the respondents, the petitioner had only 118.3/11 days earned leave to his credit as on 27.2.2004 and in this connection he placed reliance on copy of the communication dated 26.2.2004 send by branch office. It was argued that petitioner was incharge of Personnel Section of Behror 2 Branch where he was posted earlier and therefore he should know the correct position. He has disputed the correctness of the assertion that the petitioner has 238 days leaves at his credit. For other dues, the learned counsel for the respondents averred that all the payments have been made to the petitioner. However, the learned counsel for the petitioner disputes the correctness of the statement. In view of the factual controversy and the disputed questions of facts, this Court in the scope of writ petition under Section 226 of the Constitution cannot go into the matter. The petitioner, however, would be at liberty to avail of any other legal remedy as may be available to him under law. The writ petition is disposed of accordingly. (MOHAMMAD RAFIQ), J. RS/