R.S.A. No. 2269 of 2007 -1- IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH R.S.A. No. 2269 of 2007 Date of Decision : 17.2.2009 Bhim Sain Gandhi .......... Appellant Versus State of Haryana & another ...... Respondents CORAM : HON'BLE MR. JUSTICE VINOD K. SHARMA Present : Mr. Vikas Chatrath, Advocate for the appellant. **** VINOD K. SHARMA, J. (ORAL) This regular second appeal is directed against the judgments and decree dated 20.11.2002 and 27.11.2006 passed by the learned Courts below vide which the suit filed by the plaintiff-appellant for mandatory injunction directing defendants No.1 & 2 i.e. the State of Haryana and State Transport Commissioner to promote the plaintiff to the post of Inspector by reckoning his seniority in the service w.e.f. 17.2.1966 and to correct the seniority list in future stands dismissed. The relief of permanent injunction was also sought against defendants No.1 & 2 restraining them from making further promotions on the basis of existing seniority list (un-amended). The learned counsel for the appellant states that the seniority list challenged by the appellant has been revised by the department during the pendency of the suit. In view of the subsequent development the learned counsel for the appellant states that he may be permitted to withdraw this appeal with R.S.A. No. 2269 of 2007 -2- liberty to avail his legal remedy to challenge the subsequent seniority list in accordance with law if so advised. Dismissed as withdrawn. Liberty granted. 17.2.2009 ( VINOD K. SHARMA ) 'sp' JUDGE