CWP(T) No. 9659/2008 16.12.2010 Present: Mr. Bhuvnesh Sharma, Advocate, for the petitioner. Mr. R. M. Bisht, Dy. A.G. for respondents No.1 & 2 Mr. Lokender Thakur, Advocate, for respondent No.3 Petitioner has prayed for the following relief(s): “(a) That the recovery of the amount of `.73,693/- effected from the leave encashment of the applicant may very kindly be quashed and set aside and the said amount may very kindly be ordered to be paid to the applicant with penal interest @ 18%. (b) That the entire record of the case may very kindly be ordered to be summoned from the respondent.” 2. Even though petitioner has disclosed the factum of passing of an order in the earlier petition filed by him before the erstwhile Himachal Pradesh Administrative Tribunal but however, in my considered view, present petition, based on same cause of action is not maintainable. Undisputedly petitioner has not assailed the order dated 19.5.2003. Learned counsel for the petitioner wants me to go into the correctness of the order on the ground that no notice dated 12.12.2002 was ever issued to the petitioner. In these proceedings, this cannot be allowed. Also petitioner himself requested the respondents-State for deduction of the amount if found to be paid to him in excess. With the aforesaid observations, petition stands disposed off. December 16, 2010 ( Sanjay Karol ), (rana) Judge.