LPA No. 980 of 2011 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH LPA No. 980 of 2011 (O&M) Date of Decision 30.05.2011 Muncipal Council, Malerkotla through its Executive Officer -----Appellant Versus State of Punjab and others ---Respondents CORAM: HON'BLE MR. JUSTICE M.M. KUMAR HON'BLE MR. JUSTICE GURDEV SINGH Present: Mr. Vishal Gupta, Advocate for Mr. G.S. Attariwala, Advocate for the appellant 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest? M.M. KUMAR, J. 1. This appeal filed under Clause X of the Letters Patent is directed against the order dated 06.07.2010 rendered by the learned Single Judge. The learned Single Judge has quashed the recovery notice issued by the Municipal Council-appellant to the writ petitioner-respondent for recovery of over payment of ` 1,22,165, as his pay was retrospectively re-fixed w.e.f. 01.01.1996. 2. It has come on record that there was no fraud or misrepresentation made by the writ petitioner-respondent and the learned Single Judge while applying the ratio of the Full Bench judgment of this Court rendered in the case of LPA No. 980 of 2011 (O&M) -2- Budh Ram & Others v. State of Haryana & others 2009 (3) PLR 511, has held that no recovery could be effected. The learned Single Judge has also rightly placed reliance on the judgment of Hon'ble the Supreme Court rendered in the case of Registrar Cooperative Societies Haryana and others v. Israil Khan and others (2010) 1 SCC 440. The appeal does not merit admission as the judgment of Full Bench in Budh Ram's case (supra) has rightly been followed. 3. Accordingly, the appeal fails and the same is dismissed. 4. Keeping in view the dismissal of the appeal on merit, no orders are required to be passed on the application seeking condonation of delay of 109 days in filing of the appeal. (M.M. KUMAR) JUDGE (GURDEV SINGH) JUDGE May 30, 2011 Atul