In the High Court of Punjab and Haryana at Chandigarh CWP No. 11947 of 2008 Date of decision:29.7.2008 Balwinder Singh ......Petitioner Versus State of Punjab and others .......Respondents CORAM: HON'BLE MR.JUSTICE M.M.KUMAR HON'BLE MRS. JUSTICE SABINA Present: Mr.R.K.Chopra, Sr.Advocate with Mr.S.K.Dhawan, Advocate, for the petitioner. **** JUDGMENT M.M.KUMAR, J. Learned counsel for the petitioner states that the judgment and decree dated 31.1.2005 (P-1) stands already reversed by the Appellate Court, a copy of which is not available to him. He has further argued that the petitioner stands retired from service on 31.10.2007. However, after his reversion to the post of Junior Assistant his pay has been re-fixed on the analogy that he has never been promoted as Assistant/Senior Assistant. Refixation has been done w.e.f. 2.11.1979, which was the date of his promotion by order dated 3.10.2007 (P-9). According to the learned counsel, this is violative of Rules and instructions because even the pension of the petitioner has been fixed on the basis of pay as reduced. He further CWP No. 11947 of 2008 -2- states that on account of his promotion w.e.f 2.11.1979, the petitioner was not granted the benefit of Assured Career Progression Scheme and once the promotion order has been withdrawn, he would be entitled to be considered for grant of that benefit. Accordingly, he requests for withdrawal of the petition with liberty to file a representation by claiming all the aforementioned relief along with any other relief. After hearing the learned counsel and perusing the record, we are of the view that the prayer made by the learned counsel deserves to be accepted. Accordingly, the writ petition is dismissed as withdrawn and the liberty in terms of the prayer made is granted. (M.M.KUMAR) JUDGE (SABINA) JUDGE July 29, 2008 anita