1 IN THE HIGH COURT OF JUDICTURE FOR RAJASTHAN AT JODHPUR. O R D E R Ladoo Ram Bishnoi. Versus State of Rajasthan & ors. S.B. Civil Writ Petition No. 2965/2005. ... Date of Order: January 22, 2007 PRESENT HON'BLE MR. JUSTICE H.R. PANWAR Mr. Rohitash Singh, for the petitioner. Mr. K.L. Thakur, Addl. Advocate General, for the State. Mr. Kamlesh, for the non-petitioners No.2 and 3. BY THE COURT: By the instant writ petition under Article 226 of the Constitution of India, the petitioner seeks direction to the non- petitioners to pay the salary for 324 days, i.e. for the period for which the petitioner had remained absent without leave and also to grant him notional benefits. I have heard learned counsel for the parties. A reply to the writ petition has been filed stating therein that the petitioner remained absent without leave w.e.f. 11-7-2000 to 30.5.2001, total 324 days, for which a disciplinary inquiry was held vide Annx.R/1 and vide order Annx.R/3, it was found that the petitioner remained absent without leave for the period from 11-7-2000 to 30-5-2001, i.e. 324 days, however, it 2 being the first lapse on his part, the absence was condoned and by the order dated 30-9-2003 passed by the Vikas Adhikari, Panchayat Samiti, Bhinmal, the period of absence from 11-7- 2000 to 30-5-2001 was regularized as Leave without salary. This fact has not been disputed by the petitioner. Faced with this situation, learned counsel for the petitioner submits that the period of absence, which has been subsequently regularized as Leave without salary, may not be treated as break in service and he may be provided the notional benefits. From the order, it appears that the petitioner remained absent without leave and did not work for the aforesaid 324 days and, therefore, he is not entitled for the salary for this period. Since the period of absence has been regularized as leave without salary, in the circumstances, therefore, the relief prayed for granting salary for 324 days cannot be granted. In the result, the writ petition is dismissed. However, the period of absence, which was subsequently regularized as Leave without salary, be considered for notional benefits in view of the decision of this Court in Prashant Vohra & Anr. Vs. State of Rajasthan & ors., 2006 (1) WLC (Raj.) 264. The stay petition also stands dismissed. No order as to costs. (H.R. PANWAR), J. mcs