HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.7878 of 2011 (O&M) Date of Decision: 04.05.2011 **** Kashmir Singh . . . . Petitioner VS. State of Punjab & Ors. . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** 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? **** Present: Mr. BD Sharma, Advocate for the petitioner **** SURYA KANT, J. (ORAL) (1). Notice of motion. On the asking, Mr. JS Puri, learned Addl. AG Punjab accepts notice on behalf of the respondents. Having regard to the nature of order which I propose to pass there is no necessity to call upon the respondent(s) to file their reply(ies)/affidavit(s), at this stage. (2). The petitioner seeks quashing of the order dated 07.01.2011 (Annexure P4) vide which the benefit of ACP/Proficiency Step-up granted to the petitioner on completion of 18/24 years of service has been withdrawn on the ground that the petitioner has been given selection grade w.e.f. 01.01.1986 and that he is entitled only for the benefit of ACP on completion of 16 years of service. He CWP No.7878 of 2011.doc - 2 – also seeks quashing of the memo dated 14.03.2011 (Annexure P5) ordering the consequential recovery from him. (3). During the course of hearing, learned counsel for the petitioner confines his claim qua recovery only. (4). Learned counsel for the petitioner states that the petitioner has never misled the authorities or played any fraud or deceived them to secure the undeserving monetary benefit(s). (5). Applying the ratio decidendi of the Full Bench decision in Budh Ram & Others vs. State of Haryana & Others, 2009(3) PLR 511 as well as the decision by the Hon’ble Supreme Court in Registrar, Cooperative Societies Haryana and others v. Israil Khan and others, (2010) 1 SCC 440, I am of the considered view that no recovery can be effected from the petitioner. (6). Consequently, the writ petition is allowed in part and the recovery order dated 14.03.2011 (Annexure P5) is quashed. The respondents are directed to refund the amounts if any already recovered from the petitioner within a period of three months from the date of receipt of a certified copy of this order. (7). Ordered accordingly. Dasti. 04.05.2011 vishal shonkar (S u r y a K a n t) Judge CWP No.7878 of 2011.doc - 3 –