IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP. No. 7147 of 2009 Date of Decision: 12.5.2009. S.C. Manchanda --Petitioner Versus Financial Commissioner, Taxation & Secretary to Govt. of Punjab, Excise & Taxation Department and others. --Respondents CORAM:- HON'BLE MR.JUSTICE PERMOD KOHLI. Present:- Mr. Avneesh Jhingan, Advocate for the petitioner. *** PERMOD KOHLI.J (ORAL) Notice of motion. Mr. B.S. Chahal, DAG, Punjab has been asked to accept notice on behalf of the respondent-State. With the consent of learned counsel for the parties, this petition is disposed of at the motion stage itself. The petitioner was appointed as ETO and retired as Additional Excise & Taxation Commissioner on 31.5.2003. The petitioner had earlier claimed the benefit of the Air Force service. The claim of the petitioner was considered and vide order dated 19.9.2008 the petitioner has been granted the notional promotion as Assistant Exciste & Taxation Commissioner, Deputy Excise & Taxation Commissioner, Joint Excise & Taxation Commissioner and Additional Excise & Taxation Commissioner retrospectively from the dates mentioned in the aforesaid order. Based upon that the petitioner has claimed re-fixation of his pay and the payment of arrears of salary etc. The petitioner made a representation dated 24.9.2008 CWP. No. 7147 of 2009 -2- (Annexure P-4) and also served a legal notice dated 21.12.2008 (Annexure P-6) but no decision has been taken thereon till date. Learned counsel for the petitioner submits that the petitioner will be satisfied, if, respondents are directed to take decision on the representation/legal notice served by the petitioner in the light of Annexure P-3. In view of the above, this petition is accordingly disposed of with a direction to respondent no.1 to take decision on the representation/legal notice served by the petitioner in the light of the order dated 19.9.2008 (Annexure P-3) within a period of three months from the date certified copy of this order is served upon the competent authority and if, the claim of the petitioner is found to be valid, the appropriate benefits may be released in favour of the petitioner within the aforesaid period. However, in the event, the claim of the petitioner is to be rejected, the same shall be by a reasoned and speaking order. (PERMOD KOHLI) JUDGE 12.5.2009 lucky