C.W.P NO. of 14808 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P NO. of 14808 of 2010 DATE OF DECISION: 17.01.2011. Smt. Kanta Kumari Petitioner versus State of Punjab and others Respondents CORAM:- HON'BLE MR. JUSTICE PERMOD KOHLI Present: Mr.P.S.Goraya, Advocate, for the petitioner. Mr.Puneet Gupta, Additional Advocate General, Punjab. ***** PERMOD KOHLI, J. (ORAL) The petitioner was appointed on adhoc basis as S.S. Mistress in July, 1979 and was regularized on 1.10.1980. Thereafter, she was promoted as Head Mistress on 25.10.1995. After attaining the age of superannuation, she retired on 31.7.2008. The facts leading to the filling of present writ petition are that when the pension case of the petitioner was being processed, at the instance of the Accountant General, Punjab, recovery for an amount of Rs.13,925/- has been sought to be made from the petitioner vide letter dated 28.1.2010 (Annexure P-3). Vide letters C.W.P NO. of 14808 of 2010 2 dated 12.09.2008 (Annexure P-1) and (Annexure P-2), 75% of the pension and gratuity amount has been released. The petitioner has challenged the orders of recovery and re-fixation. In so far as the question of recovery is concerned, admittedly, the benefit was granted to the petitioner without any misrepresentation or fraud on her part. Under these circumstances, recovery from the petitioner is not permissible in view of the judgment of the Full Bench of this Court in Budh Ram & others Vs. State of Haryana & Others (Civil Writ Petition No. 2799 of 2008, decided on 22.5.2009) reported as 2009(3) PLR 511, A Co-ordinate Bench in C.W.P. No.16323 of 2008, Sudarshana Devi and another Vs. State of Punjab and others directed constitution of committee for re-consideration of question of grant of step up increments on completion of eight/sixteen years' service vide order dated 2.3.2010. Let the question of grant of step up increments on completion of eight/sixteen years' service to the petitioner may also be considered by the committee. Disposed of. (PERMOD KOHLI) 17.1.2011. JUDGE Anoop