IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP (T) No. 14491 of 2008 Decided on: 23.6.2011. Kamal Kishore …..Petitioner Versus State of H.P. and ors. …..Respondents Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice V.K. Sharma, Judge. For the petitioner : Mr. Ranjan Sharma, Advocate. For the respondents : Mr. R.K. Bawa A.G. with Mr. Ankush Dass Sood, Addl.A.G. and Mr. J.K. Verma Dy.A.G. Justice Kurian Joseph, Chief Justice (oral). The challenge is to Annexure A-3, whereby the period between 25.5.2005 to 15.9.2005 (114 days) has been treated as period of leave without pay avoiding break in service. It is a situation when the petitioner did not join duty pursuant to transfer. But, it is seen that no disciplinary action has been initiated against the petitioner and on joining duty at the transferred station, the period of absence has been regularized as leave without pay. Thus, there is regularization of the period by granting him leave. The simple request of the petitioner is that in case he has leave to his credit as on that day, since the Government has already sanctioned leave for the period, the same may be adjusted to the extent of leave available to the credit of the petitioner. We find force in the submissions. Admittedly, since no disciplinary action has been initiated against him and that he has since been granted leave avoiding break in service, the writ petition is disposed of making it clear that the leave of 114 days from 25.5.2005 to 15.9.2005 shall 2 be adjusted to the extent of leave available to the credit of the petitioner as on that day. Needful shall be done by the concerned respondent within a period of four months from the date of production of a copy of this judgment along with a copy of the writ petition by the petitioner. 2. With the above observations, the writ petition stands disposed of, so also the pending application(s), if any. (Justice Kurian Joseph), Chief Justice (Justice V.K. Sharma) Judge. June 23, 2011 (LSP/pankaj)