C.M. No.11161 of 2010 and -1- C.W.P. No.8519 of 1991 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.M. No.11161 of 2010 and C.W.P. No.8519 of 1991 Date of Decision: 07.10.2010 Balbir Singh and others ……Petitioners VERSUS The State of Haryana and another ……Respondents CORAM: HON'BLE MR. JUSTICE ALOK SINGH -.- Present: Mr. Raman B. Garg, Advocate for the applicants/petitioners. Mr. Gaurav Dhir, D.A.G., Haryana. 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? ALOK SINGH, J. (ORAL) C.M. No.11161 of 2010 For the reasons shown, application is allowed. Orders dated 3.2.2010 and 10.8.2010 are recalled. Petition is restored to its original number. C.W.P. No.8519 of 1991 1. The only grievance of the writ petitioners is that incre- ments were granted by the Government to the petitioners in view of C.M. No.11161 of 2010 and -2- C.W.P. No.8519 of 1991 the fact that petitioners have undergone sterilization and now Gov- ernment can not recover the amount allegedly overpaid to the peti- tioners with no fault of the petitioners. 2. The State Government has not been able to show that petitioners have played any fraud or misrepresentation in getting the increments. In fact, Government has paid the increments by misin- terpreting their own order. 3. This Court in the matter of Sheetla Devi vs. State of Punjab and others reported in 2009(4) S.C.T. 471 has held that if no fraud or misrepresentation is attributed to employees for the ex- cess payment of the increments then recovery thereof cannot be made by the State Government. 4. In view of this, present petition is allowed. Respondents shall not make any recovery from the petitioners of the excess amount paid to the petitioners. ( ALOK SINGH ) 07th October, 2010 JUDGE ashish