IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP(T) No. : 7275 of 2008 Decided on : 22.10.2010 Malkiat Singh … Petitioner. Versus State of H.P. and Another … Respondents. ________________________________________________________ Coram: Hon’ble Mr. Justice Kurian Joseph, Chief Justice. Hon’ble Mr. Justice V.K. Sharma, Judge. Whether approved for reporting?1 For the petitioner: None. For respondents No. 1 & 2 : Mr. R.K. Bawa, Advocate General with Mr. J.K. Khajuria, Deputy Advocate General, for the respondents. _______________________________________________________ Justice Kurian Joseph, C.J.(Oral). The petitioner has filed the present petition with the following prayer: - “In view of the facts mentioned above the applicant prays that the respondents may be directed and ordered to release the balance amount of retirement gratuity and service gratuity of Rs.26408/- to applicant alongwith interest at the rate of 15% P.A. from the date due till the actual date of payment thereof. The cost of the present application may also please be ordered to be paid to the applicant, in the interest of justice.” 2. In the reply at para 3, it is stated thus:- “After retirement from civil service, this office had published office order vide No. 3-55/77-SWD dated 20- 3-1997 to pay encashment of 225 days earned leave (copy attached at Annex R-I and English translation R- 1A). As the applicant had given in writing that he had not availed encashment of earned leave in the Army (copy attached at Annex R-2). But it was referred to Dogra Regiment Records for verification, which was received by this office after the retirement of the applicant vide Records the Dogra Regiment, letter No. Pen/FSA-1/JC-86773 dated 14-9-98 (Copy attached at 1 Whether reporters of the local papers may be allowed to see the judgment? 2 Annex R-3) that the applicant has availed encashment of 120 days earned leave. As per CCS (Leave) Rules 1972, Rule 39(6) (a) (iii) (Copy attached as per Annex R-4) cash equivalent in respect of earned leave should not exceed 240 days which includes the period for which encashment was allowed at the time of retirement from the Army. Keeping in view above the excess encashment for 105 days earned leave amounting to sum of Rs.26408/- from total amount of Revised gratuity Rs.72368/- sanctioned vide AG letter No. PEN-1/PPO No. 34055/M-20/96-97, G.O. No. 3968/2488-89 dated 16-6-99 (copy attached at Annex R-5) has been deducted under this office order No. 3- 55/77-SWD dated 21-7-99.” 3. In case the petitioner has still any grievance, let he may approach the first respondent. The first respondent shall look into the matter and take appropriate action within four month from the receipt of certified copy of this judgment. 4. The writ petition is disposed of, so also the pending application(s), if any. (Kurian Joseph), Chief Justice (V.K.Sharma) Judge. 22nd October, 2010 cr / Pritam