CWP No.3558 of 2010 1 In the High Court of Punjab and Haryana at Chandigarh. Date of decision: 02.03.2010 Rishi Parkash Vs The State of Haryana and another CORAM: HON'BLE MR. JUSTICE PERMOD KOHLI Present: Mr.Ram Niwas Sharma, Advocate. Mr.RS Kundu, Addl. AG, Haryana. -- PERMOD KOHLI, J. (Oral): Notice of motion. On the asking of the Court, Mr. RS Kundu, Addl. AG, Haryana, accepts notice on behalf of the respondents. Requisite number of copies of the writ petition have been supplied to him today itself in Court by the learned counsel for the petitioner. With the consent of the learned counsel for the parties, this petition is being disposed of at the motion stage. The petitioner who was working as a driver was granted the benefit of the ACP scale on completion of 10/20 years vide the order dated 16.4.1998 (Annexure P-2). This order has been subsequently withdrawn vide order dated 26.10.2006 (Annexure P-3). The petitioner challenged the order of reduction of pay by filing CWP No.20360 of 2006 which was allowed along with other connected matters and a direction was issued to fix his pay under the Revised Pay Rules, 1998 CWP No.3558 of 2010 2 and ACP Rules vide order dated 20.08.2009 (Annexure P-4). The petitioner retired from service on 30.11.2007. The grievance of the petitioner is that his pension has been fixed on the basis of average pay of last ten months, whereas as per Rule 6.24 as amended provides for fixation of the pension on the basis of the last pay drawn on the date of retirement. The petitioner served a legal notice Annexure P-6, but no decision has been taken on the same till date. Learned counsel for the petitioner submits that the petitioner would be satisfied if the respondents are directed to take a decision on the legal notice in the light of Rule 6.24 of the Punjab Civil Services Rules, Vol. II (Haryana Second Amendment) Rules, 2007. In view of the above, this writ petition is disposed of with a direction to respondent No.2 to take a final decision on the legal notice of the petitioner within a period of two months from the date a certified copy of this order is made available to the aforesaid authority. Needless to say, in the event the claim of the petitioner is to be rejected, the same shall by a speaking and well reasoned order. No costs. 02.03.2010 (PERMOD KOHLI) BLS JUDGE