IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Civil Writ Petition No.16510 of 2007 Date of Decision : July 22, 2010. Miss Chander Bala .....Petitioner versus Punjab State Electricity Board and others .....Respondents CORAM : HON'BLE MR.JUSTICE SURYA KANT. Present : Mr.S.K.Sharma, Advocate, for the petitioner. Mr.K.D.S.Sidhu, Deputy Advocate General, Punjab. -.- 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? --- Surya Kant, J. (Oral) The petitioner seeks quashing of the order of recovery in terms whereof the arrears of time bound promotional scale granted to her on completion of 9 & 16 years' of service, are sought to be recovered on the ground that the aforesaid pay scale was erroneously granted to her. According to the respondents, the petitioner was not eligible for the aforesaid time bound pay scale as she had allegedly foregone her promotion. In the written statement, the respondents have nowhere alleged that the petitioner has mis-represented the facts or played any fraud or deceived the authorities for seeking the time bound pay scales. That C.W.P.No .16510 of 2007 2 being so and the afore-stated pay scales having been granted to her by the respondents at their own, may be on mis-interpretation or misconstruction of the policy circular, no recovery can be effected from the petitioner in view of the law laid down by a Full Bench of this Court in Budh Ram and others versus State of Haryana and others, 2009 (3) S.C.T.333 and somewhat similar view taken by the Hon'ble Supreme Court in a recent decision in (2010) 1 SCC 440 (Registrar, Cooperative Societies, Haryana and others versus Israil Khan and others. For the reasons aforestated, the writ petition is allowed in part to the extent that the recovery sought to be effected from the petitioner on account of withdrawal of the time bound promotional scale granted to her on completion of 9 & 16 years of service, is hereby quashed and the recovery if already effected from the petitioner is ordered to be refunded to her, within a period of three months from the date of receiving a certified copy of this order. Dasti. July 22, 2010 (SURYA KANT) Mohinder JUDGE