CWP(T) No. 4087/2008 22.04.2010 Present: Mr. Neel Kamal Sharma, vice counsel for the petitioner. Mr. Adarsh Sharma, Advocate, for the respondent The petitioner has prayed for the following relief: “i) that the impugned order dated 22.8.1996 be quashed and set aside and respondent be directed to release the salary to the applicant w.e.f. 1.12.1995 to 25.7.1996 and all the consequential benefits flowing from that date.” In the reply, the respondent has clarified that even though the petitioner had absented from service during the period 1.12.1995 upto 25.7.1996 and not discharged his duty, however, by taking a lenient view in terms of order dated 22.8.1996, his leave was treated to be as dies non. In my considered view, the respondent has already taken a lenient view while passing the said order. The petitioner was transferred from Dehra to Rampur. He did not join at his place of posting without furnishing any sufficient cause. It was only on the asking of the respondent that he furnished the information with regard to his ailment. All other benefits have been accorded to the petitioner except for payment of salary for the said period. As such, this action has been taken in accordance with the prevalent Rules. The petitioner has got no legally enforceable right on the basis of which the present payer can be allowed. In these circumstances, no other orders can be passed in the present petition. The same is disposed of as such. ( Sanjay Karol ), Judge. April 22, 2010 (rana)