CWP No. 15030 of 2011 1 IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH CWP No. 15030 of 2011 Date of decision August 17, 2011 Chuni Lal Sharma and others ....... Petitioners Versus State of Punjab and another ........Respondents CORAM: HON'BLE MR. JUSTICE K. KANNAN Present:- Ms. Maninder , Advocate for the petitioners. **** 1. Whether reporters of local papers may be allowed to see the judgment ?No 2. To be referred to the reporters or not? No 3. Whether the judgment should be reported in the digest?No K. Kannan, J (oral). 1. Notice of motion. 2. At the asking of the Court, Mr. Arvind Mittal, Additional Advocate General, Punjab accepts notice on behalf of the respondents. 3. The only point taken up in this case is that the petitioners have been paid the higher scales of pay which stood now reduced and recovery is effected through the impugned Memo (Annexure P-2). The issue is covered by a judgment of this Court in CWP No. 697 of 2010 that relies on a Full Bench ruling of this Court in Budh Ram and others Vs. State of Haryana 2009 (3) PLR 511 laying down that no recoveries could be made unless the employee himself has been guilty of any fraud or there is a patent clerical error on the basis of which some amounts have been given. The impugned Memo (Annexure P-2) is CWP No. 15030 of 2011 2 quashed and any recovery already effected is ordered to be refunded within a period of eight weeks from the date of receipt of copy of the order. 4. The writ petition is disposed of accordingly. (K. KANNAN) JUDGE August 17, 2011 archana