CWP No.403 of 2011 -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH ***** CWP No.403 of 2011 Date of decision : 10.1.2011 Kapoor Singh and others ........Petitioners Vs. State of Punjab and others .........Respondents CORAM : HON'BLE MR. JUSTICE PERMOD KOHLI Present:- Mr.R.K.Arora, Advocate, for the petitioners Ms.Anu Paul, AAG, Punjab --- PERMOD KOHLI, J (Oral) : The petitioners initially appointed as clerks between 23.6.1971 to 12.6.1973. They were placed as Senior Clerks/Junior Assistants and later on promoted as Senior Assistants and Superintendents. They have retired from services on the dates mentioned in para 2 of the writ petition. The petitioners were granted the benefits of proficiency step up on completion of 8/16 and 24 years of continue service. After their retirement when their cases were being processed for pension/retiral benefits on objection of Accountant General, their pay has been re- fixed and recovery ordered. The petitioners have accordingly challenged orders Annexures P-6 to P-9 whereby their pay has been re-fixed and recovery ordered. Apart from various other contentions it has been argued by Mr.Arora that the orders have been passed without affording any opportunity of being heard or issuing any notice. From the impugned orders it appears that no opportunity has been provided to the petitioners. In view of the above, without going into the other aspects of the matter, CWP No.403 of 2011 -2- this petition is allowed, impugned orders Annexures P-6 to P-9 are hereby set aside. Matter is remitted back to the respondents to pass a fresh order after giving notice and affording opportunity of being heard. Till the fresh orders are passed, no recovery shall be effected. While passing the fresh orders respondents will consider the fact that whether the benefit was granted to the petitioner on their mis-representation or fraud and in absence of the such mis-representation or fraud whether recovery is permissible under law. (PERMOD KOHLI) JUDGE 10.1.2011 akm