1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4758 OF 2009 Govind Dhanaji Gole ..Petitioner Vs. State of Maharashtra and anr. ..Respondents ......... None for the petitioner. Mr.S.N.Bhosale, AGP for respondent no.1. Mr.Rajesh Datar, for respondent nos.2 and 3. ......... CORAM: P.B.MAJMUDAR & R.G.KETKAR, JJ. DATE : 7th APRIL, 2010. P.C. : Learned counsel for the petitioner is not present. We have heard learned AGP for respondent no.1 and learned counsel for respondent nos.2 and 3. 2] By way of this petition, the petitioner is challenging the order passed by the respondent no.2 dated 15 th April, 2004 by which the petitioner was not given the benefit of promotional pay scale/higher pay scale on completion of 12 years service. 3] In the impugned order, it is not specifically mentioned as to under which clause of the policy framed by the Government, the petitioner is not found suitable for getting assured promotional pay scale. Learned counsel for the 4758-09.sxw 2 respondent nos.2 and 3 states that since the detailed reasons are not given in the impugned order, fresh order will be passed and the order impugned in this petition shall be treated as withdrawn. 4] We, accordingly, disposed of this writ petition in view of the statement made on behalf of the respondent nos.2 and 3. The impugned order stands withdrawn. The respondent No.2 shall pass fresh order in accordance with law after considering the decision of this Court in the case of Shrirang Atmaram Nikam Vs. District and Sessions Judge, Thane and others, 2005(3)Mh.L.J.245. [R.G. KETKAR, J.] [P.B. MAJMUDAR, J.] 4758-09.sxw