CWP No.1165 of 2011 Date of decision :- 21.01.2011 Joginder Kaur Vs. State of Punjab and others. Present: Mr.Vishal Rattan, Advocate for the petitioner. * * * Permod Kohli, J. Notice of motion. Mr.B.S.Chahal, Sr.DAG, Punjab, who is present in the Court, accepts notice on behalf of the respondent-State. With the consent of learned counsel for the parties, this petition is being disposed of at the motion stage. The petitioner was appointed as JBT Teacher on 15.10.1976. pursuant to the Govt. of Punjab, Finance Department’s letter dated 19.2.1979, petitioner was granted the benefits of higher pay scales on account of acquiring higher qualification i.e. three advance increments w.e.f. 15.10.1976. The petitioner retired on 31.5.2007. While his pension papers were being processed, objection was raised regarding grant of increments. Based upon such objections, recovery of Rs.189026/- has been ordered from the retrial benefits of the petitioner on account of the excess payment made to her. It is this order which is under challenge in this writ petition. During the course of arguments, learned counsel for the petitioner stated that he has instructions to state that petitioner do not want to challenge the re-fixation of her salary and the relief claimed is only confined to the recovery part of the impugned order. It is also relevant to mention here that the controversy arisen in this petition, is covered by the judgment of Full Bench of this Court in case of Budh Ram and others Vs. State of Haryana and others decided on 22.5.2009 wherein, following order has been passed:- “We have, therefore, no hesitation in holding that in case the employee who are receipt of the benefit extended to them on an erroneous interpretation or application of any rule, regulation, circular and instruction have not in any way contributed to such erroneous interpretation nor have they committed any fraud, misrepresentation, deception to obtain the grant of such benefit, the benefit so extended may be stopped for the future, but the amount already paid to the employees cannot be recovered from them.” CWP No.1165 of 2011 [2] In view of the above, recovery from the petitioner is impermissible in law This petition is accordingly allowed and impugned order (Annexure P-4) is hereby quashed. Respondents are at liberty to refix the salary/retiral benefit of the petitioner. (Permod Kohli) Judge 21.01.2011 sd