C.W.P. No. 19905 of 2008 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No. 19905 of 2008 Decided on : 18-04-2009 Bimla Devi ....Petitioner VERSUS Punjab State Electricity Board, Patiala and others. ....Respondents CORAM:-HON'BLE MR. JUSTICE SATISH KUMAR MITTAL. Present:- Mr. A.K. Walia, Advocate for the petitioner. Mr. R.P. Singh, Advocate for the respondents. SATISH KUMAR MITTAL, J (Oral). The petitioner has filed this petition for quashing of the order dated 7.10.2008 (Annexure P-4) passed by respondent No.2, whereby 1st and 2nd time bound scales after the completion of 9/16 years of service allowed to the petitioner, has been ordered to be withheld from the date of foregoing her promotion. It has further been averred that on the basis of the said order, the respondents have started recovering huge amount from the salaries of the petitioner every month. At the time of arguments, in view of the decision given by this Court in Karnail singh Vs. Punjab State Electricity Board, Patiala (C.W.P. No.6730 of 2006) decided on 21.5.2007, learned counsel for the petitioner confined his prayer only for quashing action of the respondents C.W.P. No. 19905 of 2008 -2- of recovering the amount from the petitioner while leaving the challenge to the withdrawal of advanced promotional increments and re-fixation of the salary in accordance with impugned order dated 7.10.2008 (Annexure P-4). Learned counsel for the respondents on instructions received from the Board has fairly conceded that as far as the recovery of the payment, which has been made, will not be effected from the petitioner. However, his pay will be refixed according to the clarification/circular dated 10.11.2004 and 31.12.2004 issued by the Board and in view of order dated 7.10.2008 (Annexure P-4). In view of the said statement made by the learned counsel for the petitioner and the respondents, this petition is disposed of with direction to the respondents not to recover the amount already paid to the petitioner. However, it will be open to the respondent-Board to re-fix the salary in terms of the relevant circular. As and when the petitioner accepts the promotional post, the aforesaid benefits which have been withdrawn will be restored in accordance with the circular dated 10.11.2004 and 31.12.2004. 18th April, 2009. (SATISH KUMAR MITTAL) Monika JUDGE