IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.4846 of 2009 Parmod Bharat Vs. State of Haryana & others Present: Mr.J.K.Goel, Advocate, for the petitioner. Mr.Harish Rathee, Sr.DAG, Haryana, for respondent Nos.1 to 3. Mr.J.S.Cooner, Advocate, for respondent No.4. ***** RANJIT SINGH, J. The petitioner has filed this writ petition with a prayer that his service rendered as a Octroi Clerk was not being counted for the purpose of grant of pension with the service where he was subsequently absorbed. This prayer has been granted. However, it is disclosed in the written statement that re-fixation of the petitioner has led to some recovery. The petitioner would contend that this would be illegal and un-fair as no notice was served to him before making recovery or effecting recovery thereof. Since it is a separate cause, which has arisen for the petitioner, he may have to challenge the same by way of any appropriate remedy. The petitioner is permitted to withdraw this writ petition to file a fresh one to raise a wholesome challenge, including challenge to the recovery as directed after re-fixation of the petitioner. The writ petition is dismissed as withdrawn with liberty as prayed for. August 24, 2010 ( RANJIT SINGH ) ramesh JUDGE