IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH. CWP No. 17996 of 2008 Date of decision: November 10, 2008 Suresh Kumar Malik --- Petitioner Versus State of Punjab and others ---- Respondents CORAM: Hon'ble Mr. Justice Ashutosh Mohunta Hon'ble Mr. Justice Rajan Gupta Present: Mr. SK Sharma Budhladawale, Advocate, for the petitioner. Ashutosh Mohunta, J (Oral). The petitioner prays for issuance of direction to the respondents to correct his service record. Counsel submits that the petitioner had worke3d upto 31-8-2004 whereas he has been ordered to be retired w.e.f. 31.1.2003 and recovery of Rs. 2,94,705/- from his retiral benfits is sought to be effected. The petitioner had served a legal notice upon the respondents, which has been replied vide Annexure P12. A perusal of para 7 of Annexure P12 shows that as per his own affidavit filed on 4.1.1976, the date of birth of the petitioner is 24.1.1945. After attaining the age of superannuation, he has been rightly retired on 31.1.2003. The petitioner had submitted another affidavit that he would have no objection if any recovery is made from his pensionary benefits. In view of the fact that the date of birth of the petitioner is 24-1-1945, he has been rightly retired w.e.f. 31.1.2003. Faced with this situation, at this stage, counsel prays that he may be allowed to withdraw the present writ petition so that CWP No. 17996 of 2008 -2- the petitioner may claim his salary for the period he had worked by way of filing a civil suit. Dismissed as withdrawn. In view of the fact that disputed questions of facts and law are involved, the petitioner may avail the remedy available to him in accordance with law. [Ashutosh Mohunta] Judge [Rajan Gupta] Judge November 10, 2008 `ask'