CWP(T) No.7524 of 2008 24.04.2009 Present: Mr. L.S. Mehta, Advocate vice counsel for the petitioner. Mr. Adarsh Sharma, Advocate for the respondents. The petitioner was entitled for the release of higher scale under the Assured Career Progression Scheme w.e.f. 1.1.1996. He was granted the same on 1.11.1999 w.e.f. 1.1.1999. The precise case of the respondent-corporation is that the higher scale could not be granted to the petitioner on the basis of the entries of fair and average recorded in his Annual Confidential Reports. Mr. L.S. Mehta, Advocate has relied upon (2008) 8 Supreme Court Cases 725, Dev Dutt versus Union of India and others. Mr. Adarsh Sharma, Advocate in usual fairness submits that the case of the petitioner will be considered in view of this judgment afresh. Accordingly, the respondent-corporation is directed to re-consider the case of the petitioner strictly in view of the law laid down by their Lordships of the Supreme Court within a period of eight weeks from today. The writ petition stands disposed of. No costs. (Rajiv Sharma), J. April 24, 2009. (rkv)