IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP (T) No. 6650 of 2008. Decided on: 9.11.2010 Ashok Kumar …. Petitioner Versus Agro Industrial Packaging India Ltd. ….. Respondent Coram: The Hon’ble Mr.Justice Kurian Joseph, Chief Justice The Hon’ble Mr.Justice V.K.Ahuja, Judge For the petitioner: Mr. Virender Rathore, Advocate. For the respondent: Mr. D.N. Ronta, Advocate. Justice Kurian Joseph, C.J.(Oral) The writ petition is filed with the following prayers: “i) That the respondent be directed to re- fix the pay of the applicant in the pay scale of Rs.2200-4000(pre-revised) w.e.f. 6.7.1995; ii) To direct the respondent to pay the entire arrear alongwith allowances of pay in accordance with the revised fixation of pay w.e.f. 6.7.1995 alongwith interest at the rate of 18% per annum; iii) To direct the respondent to grant all the benefits of allowances and other monetary benefits attached with the post of Private Secretary to Managing Director w.e.f. 1.12.1996 to the applicant.” 2. In the reply in para-3, it is stated as follows: “That in reply to para 3 of the application it may be submitted that the applicant is not legally entitled to pay scale of Rs.2200-4000(pre-revised) and as such he 2 cannot be said to be aggrieved by the non- fixation of his pay in the said scale. As regards the promotion of the applicant vide alleged order dated 23.11.11997 Annexure A/1, the same is non-est. The alleged promotion order is not genuine and the same is manipulated and handiwork of the applicant himself.” 3. Inviting reference to Annexure P-1, it is submitted that there is actual promotion. But it is seen from Annexure P-1 that the same is subject to the approval of the service Committee. In case the Service Committee has approved the promotion, the petitioner shall be entitled to the consequential benefits. In case the Service Committee has not taken a final decision in the matter, the same shall be taken in accordance with law within three months from the date of production of a copy of this judgment by the petitioner. It will be open to the petitioner to file an appropriate representation also before the Service Committee while producing the copy of the judgment. 4. The writ petition is disposed of, so also the pending application(s), if any. Dasti copy. ( Justice Kurian Joseph) Chief Justice. November 9, 2010 (Justice V.K.Ahuja) (tilak/bss) Judge