IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R S.B. CIVIL WRIT PETITION NO. 5385/2006 (Dr.R.P.Modi Vs. State of Rajasthan & Ors.) Date of Order : : 02.08.2007 PRESENT HON'BLE MR. KRISHAN KUMAR ACHARYA, J. Mr.Manohar Singh for Mr.Anil Kumar Singh, for the petitioner. Mr.O.P.Boob, Dy.G.A. BY THE COURT:- By the instant writ petition, the petitioner seeks a direction to the respondents to give all the retiral benefits i.e. pension, gratuity etc. It is contended by learned counsel for the petitioner that the petitioner was voluntarily retired after serving 34 years with the respondents-Department on 28.11.2005. The provisional pension has been given to the petitioner by the respondents but the pensionary benefits were not allowed to him and therefore, a notice for demand of justice was given to the respondents claiming for pension. However, after a lapse of long time, the respondents have not sanctioned the pension to the petitioner. A reply to the writ petition has been filed on behalf of the respondents stating therein that the petitioner remained on leave without sanction from 25.12.2004 to 25.11.2005 and his leave case is pending with the respondents-Department. Therefore, the pension could not be finalized. I have considered the submissions advanced by learned counsel for both the parties. The petitioner remained on leave voluntarily without sanction and he has not submitted the application for grant of leave. In this view of the matter, the petitioner is directed to file an application to the respondents regarding his leave within a period of 15 days. The respondents are directed to pass an order on leave application if filed by the petitioner and decide his pension case within a period of one month therefrom in accordance with law. With these directions, the writ petition is disposed of. A compliance report be sent to this court for perusal. (KRISHAN KUMAR ACHARYA), J. NK