IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP(T) No. 12589 of 2008. Decided on : 8th April, 2011. Dr. Sanjay Pathak ..…Petitioner. Versus State of H. P. and others. …… Respondents. _____________________________________________________ Coram The Hon’ble Mr. Justice V.K. Sharma, Judge. Whether approved for reporting?1 No. For the Petitioner : Mr. G.R. Palsra, Advocate. For the respondents : Mr. Anil Jaswal, Dy. A.G. for respondents No.1 and 2. None for respondent No.3, though served, who has sent a request for adjournment. Respondent No.4 in person. Justice V.K.Sharma, Judge (Oral) The petition has been filed on the following prayers vide para 7 (1) to (iii): “i) To direct the respondents to release the salary of the applicant w.e.f. 20.11.2001 to 1.12.2001 with interest @ 12%; ii) To issue directions to the respondents concerned to show the service of the applicant 2.3.f. 20.11.2001 to 5.12.2001 verified in his Service Book/Service Card; iii) To further direct the respondent Nos. 3 and 4 not to show the applicant as relieved on 6.10.2001 (in order to enable him to join his duty at Chandi (Solan) since, the relieving orders were not passed by the competent authority and he continued to perform his duties as theretobefore.” 1 Whether reporters of the local papers may be allowed to see the judgment? No. 2 2. In reply, respondents No.1 and 2 have taken the following stand vide para 3: “That the applicant is not entitled to file the present O.A. in view of the submission made in the preliminary submission. It is submitted that vide Notification dated 4.9.2001 (Annexure PB to OA) the applicant was transferred from PHC Soharitakoli ( Una) to PHC Chandi (Solan) and relieved in absentia by an officer acting under the behest of his superiors in the afternoon of 6.10.2001 but the applicant did not join his duties at the new place of posting i.e. PHC Chandi (Solan). Later on the transfer orders of the applicant were cancelled on 19.11.2001 however, the applicant did not join his duties back at PHC Sohari Takoli (Una). In order to regularize the period of absence of the applicant CMO advised him to apply for leave and the applicant applied for leave w.e.f. 8.10.2001 to 19.11.2001 though his period of absence was from 8.10.2001 to 1.12.2001 and the same was regularized upto 19.11.2001. The period from 2.12.2001 to 4.12.2001 had to be regularized because of his having attended the Pulse Polio Abhiyan. Now the period from 20.11.2001 to 1.12.2001 remains to be regularized for which no request has been received from the applicant. ” 3. The reply filed on behalf of respondent No.4 is akin to that of respondents No. 1 and 2. 4. There is no reply on behalf of respondent No.3. 5. Rejoinder refuting the above stand on behalf of respondents No.1 and 2 and reiterating the averments set up in the petition has been filed. 6. In view of the above reply, the petition is disposed of with liberty reserved to the petitioner to apply for leave of the kind due for the period 20.11.2001 to 1.12.2001. As and when it is done, respondent No.2/competent authority shall regularize the aforesaid period in 3 accordance with law. Needless to say that consequential benefits, if any, flowing from such regularization shall be payable to the petitioner within a month from the date of production of copy of this judgment by him to the concerned authority. 7. The petition stands disposed of so also pending CMP (s), if any. (V.K.Sharma.) Judge. 8th April, 2011. (jai)