IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP(T) No. 14673 of 2008 Decided on : 24.2.2011 Jaipal ..… Petitioner. Versus State of Himachal Pradesh and others …… Respondents Coram The Hon’ble Mr. Justice V.K. Sharma, Judge. Whether approved for reporting?1 No. For the Petitioners : Mr. Ranjan Sharma, Advocate. For the Respondents : Mr. Anil Jaswal, Dy. Advocate General V.K.Sharma, Judge (Oral) The petitioner, who at the relevant time was posted as Sub Divisional Ayurvedic Medical Officer at Rajgarh, Distt. Sirmaur, was transferred to Bhanjraroo (Tissa), Distt. Chamba, vide order dated 23.4.2005, Annexure A-1. However, since after being relieved on 18.5.2005, he joined the new place of posting only on 5.9.2005, the intervening period between 18.5.2005 to 3.9.2005 (109 days) was ordered to be treated as leave without pay (without break in service) vide office order dated 13.12.2005, Annexure A-3. 2. The grievance raised by the petitioner is that he could not join at Bhanjraroo (Tissa) earlier due to illness. 1 Whether reporters of the local papers may be allowed to see the judgment? No. 2 Thus, in essence, he prays for treating the aforesaid period of 109 days, which has been treated as leave without pay (without break in service), as commuted leave or any other kind of leave admissible under the Rules. In this regard, reliance is placed on notification dated 13.8.2004, Annexure A-5, office order dated 17.6.2006, Annexure A-6 and office order dated 27.2.2007, Annexure A-7, whereby in an identical case of one Dr. Hari Ram, who had also been transferred and had not joined the new place of posting, 53 days leave without pay was ultimately treated as earned leave. 3. In view of the above, the petition is disposed of with a direction to the respondents/competent authority to consider the case of the petitioner for conversion of the aforesaid leave without pay (without break in service) w.e.f 18.5.2005 to 3.9.2005 (109 days) into commuted leave or any other leave admissible under the Rules and take final decision in the matter at par with the aforesaid Dr. Hari Ram, within three months from the date of production of copy of this judgment by the petitioner. Needless to say consequential benefits, if any, would follow. 4. The petition as also pending CMPs, if any, stand disposed of in the above terms. (V.K. Sharma) Judge 24th February, 2011. Lsp*