IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP(T) No.: 7502 of 2008 Decided on: 27.07.2010. __________________________________________________________ K.D. Kaushal. … Petitioner. Versus State of Himachal Pradesh and others. … Respondents. Coram The Hon’ble Mr. Justice Rajiv Sharma, J. Whether approved for reporting?1 No. For the petitioner. : Mr. Neel Kamal Sood, Advocate. For the Respondents. : Mr. R.P. Singh, Assistant Advocate General. Rajiv Sharma, J. (Oral): The respondent-department has counted 21 years 9 months and 20 days qualifying service of the petitioner. However, before processing the case of the petitioner for sanction of pension/pensionary benefits for the period with effect from 1.12.1998 to 31.8.1999, during which the petitioner remained on unauthorized leave, was required to be regularised by the competent authority. The petitioner submitted his leave application on 16.9.1999 in the office of respondent No.4. He forwarded the same to respondent No.3. Respondent No.3 forwarded the same to respondent No.2 on 25.7.2000 and sanction was conveyed only on 13.9.2000. According to the sanction order, dated 13.9.2000, the following kind of leave was sanctioned to the petitioner:- 1 Whether the reporters of Local Papers may be allowed to see the judgment? No. - 2 - 1. Earned leave : 1.12.1998 to 16.1.1999 = 47 days. 2. Half pay leave : 17.1.1999 to 27.1.1999 = 11 days. 3. Leave without pay: 28.1.1999 to 31.8.1999 = 216 days. 2. Petitioner has also submitted application vide Annexure A-7, dated 20.9.1999 alongwith medical certificate. This has not been considered by the respondents till date. The petitioner has also claimed that he was getting fixed medical allowance before his retirement. It has come in the reply that the petition has not given his option for fixed medical allowance at the time of submission of pension papers. 3. Accordingly, in view of the observations made hereinabove, the respondents are directed to consider Annexure A-7 and also allow the petitioner to give his option for fixed medical allowance. This be done within a period of eight weeks from today. There will be no order as to costs. (Rajiv Sharma), J. July 27, 2010. (sck).