IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P.No.14847 of 2010 (O&M) Date of decision : 20.10.2011 Paramjeet Singh and others ....Petitioners Versus State of Haryana and others ...Respondents CORAM : HON'BLE MR.JUSTICE MAHESH GROVER .... Present: Mr.Rajesh Hooda, Advocate for the petitioners. Mr.Harish Rathee, Sr.DAG, Haryana. for the State. ..... MAHESH GROVER, J. The petitioners were granted the benefit of step-up of pay in accordance with the judgment rendered in Ajit Singh Janjua's case when their juniors who belonged to the reserved category were promoted. The said benefit was given to the petitioners in the year 2007. Subsequently on 5.3.2009 the respondents introduced instructions according to which this benefit of step-up of pay by a senior general category employee could not be availed of on account of the prescription of upper cut-off date as 15.3.2006 in view of the implementation of 85th amendment in the Constitution of India by the Govt. of Haryana on 16.3.2006. Learned counsel for the petitioners concedes that in view of these instructions he would have no case for grant of step up but keeping in view the fact that earlier the benefit C.W.P.No.14847 of 2010 (O&M) -2- was granted to him when there was no misrepresentation on his part, the recovery should not be effected from him. He has placed reliance on Budh Ram and others v. State of Haryana and others 2009(3) S.C.T.) 333. Learned counsel for the respondents has, however, tried to justify their action. On due consideration of the matter, I am of the opinion that even though the petitioners are not entitled to any benefit in view of the instructions dated 5.3.2009, to which there is no challenge, yet keeping in view the observations of this Court in Budh Ram's case (supra) the recovery of the said benefit which has been given to the petitioners by the respondents, when there had been no misrepresentation on their part, has to be afforded to them. In view of this, the letters Annexures P-7 and P-8, which contemplate recovery of the amount from the petitioners on account of the benefit wrongly given by the State of Haryana, are hereby quashed. However, keeping in view the observations made above, the petitioners shall not be entitled to the step up in view of the categoric instructions dated 5.3.2009. The petition stands disposed of. 20.10.2011 (MAHESH GROVER) JUDGE dss