IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C. W. P. No. 1535 of 2002 Date of Decision: 13 - 8 – 2010 Karampal Singh ....Petitioner v. State of Punjab and others ....Respondents CORAM: HON'BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA *** Present: Mr.Amit Sharma, Advocate for Mr.Raj Kumar Sharma, Advocate for the petitioner. Mr.J.S.Puri, Addl. A.G., Punjab for the respondents. *** KANWALJIT SINGH AHLUWALIA, J. (ORAL) In the present writ petition, a prayer has been made that action of the respondents whereby recovery was effected from death-cum- retirement gratuity (DCRG) and Provident Fund be held bad and order of recovery be quashed and the respondents be directed to refund the amount of recovery. Petitioner retired as Senior Clerk from the office of District Attorney, Sangrur – respondent No.3. It is the case of the respondent-State that salary of the petitioner was fixed wrongly, as the benefit of military service was granted to him, to which he was not entitled to second time. Counsel for the petitioner has relied upon a Full Bench judgment of this Court rendered in Budh Ram and others v. State of Haryana and others, 2009(3) SCT 333 to contend that there was neither any misrepresentation, fraud nor any deception on the part of the petitioner. The pay of the petitioner was fixed by the respondents due to mistake. Hence, the amount cannot be recovered from the petitioner. Counsel for the State has failed to distinguish the ratio of law laid down in Budh Ram's case (supra). Consequently, the present writ petition is allowed. The recovery effected from the petitioner is held to be bad and the amount already recovered shall be refunded to the petitioner. However, it shall not affect fixation of pension of the petitioner, already made. ( KANWALJIT SINGH AHLUWALIA ) August 13, 2010. JUDGE RC