IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.10420 of 1991 Date of decision: 20th December, 2010 Kalawanti … Petitioner Versus State of Punjab and another … Respondents CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: None for the petitioner. Mr. Palvinder Singh, Sr. DAG Punjab for the respondents. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Nobody caused appearance on behalf of the petitioner on December 9, 2010. Today also, nobody is present. It seems that since the petitioner has retired from service, nobody wants to pursue the present writ petition. Petitioner-Kalawanti was posted as a Senior Assistant in the office of Excise and Taxation Commissioner, Patiala. She filed the present writ petition in this Court praying that order (Annexure P-4) dated 9th July, 1991 passed by the Commissioner, Excise and Taxation Punjab, Patiala, whereby she was reverted back from the post of Senior Assistant to that of Junior Assistant, be quashed. A Division Bench of this Court on 17th July, 1991 issued notice of motion in the present petition and ordered that implementation of order (Annexure P-4) shall remain stayed. Furthermore, on 13th November, 1991, the present petition was admitted and it was ordered that the stay shall continue. Civil Writ Petition No.10420 of 1991 Mr. Palvinder Singh, Senior DAG, Punjab, on instructions from Swaran Singh, Senior Assistant, Excise and Taxation Department, has stated that the petitioner has retired on 30th April, 2009 after attaining the age of superannuation. In view of the statement made by counsel for the State, this Court will not examine the validity of the order of reversion. Since the petitioner had discharged duty on the post of Senior Assistant, she was entitled to the benefit of pay of a Senior Assistant. Even otherwise, in view of the law laid down by a Full Bench of this Court in ‘Budh Ram and others v. State of Haryana and others’ 2009(3) SCT 333, no recovery can be effected from the petitioner. In view of the observations made above, present writ petition stands disposed of. [KANWALJIT SINGH AHLUWALIA] JUDGE December 20, 2010 rps 2