[2025:RJ-JP:3787-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Special Appeal Writ No. 1514/2011 R. P. Garg Son Of Shri K.r. Garg, By Caste Agarwal, 120/8, Vijay Path, Agarwal Farm, Mansarovar, Jaipur ----Appellant Versus 1. Oriental Insurance Company Ltd. Oriental House, A- 25/27, Asaf Ali Road, New Delhi Through Its Chairman- Cum-Managing Director 2. Regional Manager, Oriental Insurance Company Ltd., 3Rd Floor, Anand Bhawan, S.c. Road, Jaipur Raj. 3. Senior Divisional Manager, Oriental Insurance Company Ltd., 70, Panchwati Raghu Marg, Alwar 4. Branch Manager, Oriental Insurance Company Ltd., Opp. Midway Behror District Alwar ----Respondents For Appellant(s) : Mr. Raj Kumar Goyal For Respondent(s) : Mr. R.K. Salecha with Mr. Hitesh Kumar HON'BLE MR. JUSTICE INDERJEET SINGH HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI Order 27/01/2025 This special appeal has been filed on behalf of the appellant challenging the order dated 09.02.2009 passed by learned Single Judge. The grievance of the appellant is that while making the payment of retirement dues, the respondents have wrongly calculated the earned leave for 118.3 days whereas in his account 238 earned leave was there. [2025:RJ-JP:3787-DB] (2 of 2) [SAW-1514/2011] Learned counsel for the appellant submits that learned Single Judge has wrongly dismissed the writ petition and, while mentioning that there is disputed question of facts, prayed for quashing of the order dated 09.02.2009 passed by learned Single Judge. Learned counsel for the respondent(s) opposed the submissions made on behalf of the counsel for the appellant and submitted that as per the office record, the respondents have accepted the application for voluntary retirement submitted by the appellant and according to the office record, where the appellant worked prior to his retirement, appellant is having 118.36 days earned leave in his account. Therefore, the payment on said account has rightly made by the respondents including all other retiral dues. We have considered the submissions made on behalf of the parties and perused the record. In our considered view, no error & illegalities have been committed by the learned Single Judge while dismissing the writ petition vide its order dated 09.02.2009 filed on behalf of the appellant as the appellant has failed to submit any counter- affidavit (rejoinder) to the reply submitted on behalf of the respondent in the writ petition. In that view of the matter, the present special appeal is dismissed. (VINOD KUMAR BHARWANI),J (INDERJEET SINGH),J SAURABH /92