Civil Writ Petition No.11195 of 1991 -: 1 :- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.11195 of 1991 Date of decision: December 13, 2010. Dasondhi Ram ...Petitioner(s) v. State of Haryana & Ors. ...Respondent(s) CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: None for the petitioner(s). Ms. Kirti Singh, Deputy Advocate General, Haryana for the respondents. Kanwaljit Singh Ahluwalia , J. (Oral): The petitioner was appointed as Beldar against a regular sanctioned permanent post on 1.7.1970 and was discharging his duties in Sub Division W.J.S., Dadupur. It is stated that the services of the petitioner were regularized on 2.5.1980 in the pay scale of Rs.750-12-870-EB-14-940. Beldar and Mate were getting the same pay scale, however, Mate was entitled to special pay of Rs.25/- per month. Grievance of the petitioner is that ignoring his rightful claim, one Jai Singh, who was three steps junior to the petitioner, was promoted as a Mate. The petitioner made a representation against wrong promotion awarded to Jai Singh. It was further stated that since 11th July, 1991, the petitioner was working as a Mate in the Western Yamuna Canal Sub Civil Writ Petition No.11195 of 1991 -: 2 :- Division and without any basis or reason, he was reverted from the post of Mate to Beldar and Rs.25/- per month, which were paid as Special Pay, was denied to him. This writ petition was admitted on July 25, 1991 and reversion of the petitioner was stayed. As per the pleadings made in the writ petition, the petitioner had joined service in 1970 after 40 years, he might have retired after attaining the age of superannuation, i.e., 58 years. In view of the stay granted by this Court, the petitioner continued to discharge his duties as Mate and was paid special pay of Rs.25/- per month. Since the petitioner has retired, no recovery, even if this Court adjudicates whether reversion was right or wrong, can be effected from the petitioner in view of the judgment of this Court in Budh Ram and others v. State of Haryana and others, 2009(3) SCT 333. Furthermore, order of reversion was passed on 22nd of July, 1991, after two decades, the same cannot be set aside as this Court has no material before it to say that order of reversion was justifiable especially when pleadings made in the writ petition stand uncontroverted and have not been denied as respondent-State has filed no written statement. Hence, the present writ petition is disposed of with a direction that no recovery of special pay made to the petitioner shall be effected. [Kanwaljit Singh Ahluwalia] December 13 , 2010. Judge kadyan