IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP No. 13766 of 2011 Date of decision : 02.08.2011 Vidya Sagar ......Petitioner versus State of Punjab and others ...Respondents CORAM: HON'BLE MS. JUSTICE RITU BAHRI Present: Mr. Tribhawan Singla, Advocate for the petitioner **** RITU BAHRI, J. (Oral) Issue notice of motion. On asking of Court, Ms. Kavita Arora, A.A.G. Punjab, accepts notice on behalf of the State. Counsel for the petitioner is directed to supply copy of the petition to the State counsel today itself during the course of the day. The petitioner is seeking issuance of a writ in the nature of certiorari for quashing the order dated 19.02.2007, passed by respondent No. 4 ordering the recovery of Rs.62,639 from the pensionary benefits of the petitioner on account of wrong fixation of pay. The petitioner was appointed as Pharmacist on 24.10.1968. Thereafter, the petitioner was given proficiency step up increment on completion of 8 and 18 years of service as per the Punjab Government notification dated 01.12.1988. The Accountant General Punjab raised the objection that the pay of the petitioner has wrongly been fixed as he has been given selection grade w.e.f 01.01.1986 therefore, 18 years benefit given w.e.f CWP No. 13766 of 2011 -2- 01.01.1991 is not as per order and the petitioner is entitled for the benefit w.e.f 01.01.2002. On 31.10.2006, the petitioner retired on attaining the age of superanuation. Vide order dated 19.02.2007, respondent No. 4 without giving any opportunity of hearing or show cause, deducted the amount of Rs. 62639/- from the gratuity of the petitioner. Learned counsel for the petitioner has submitted that petitioner approached the respondents time and again for giving him the reasons why the amount of Rs. 62639/- was deducted from the gratuity of the petitioner but no action was taken by the respondents. However, on representation of the petitioner, he was informed vide letter No. 1061 dated 10.09.2010 that the amount of Rs. 62639/- was deducted due to wrongly given selection grade and an amount of Rs. 5616 was already been refunded, therefore the deducted amount is only Rs. 57,023/- (Annexure P-3). Learned counsel for the petitioner has submitted that he does not contest the re-fixation made by the department. He further argued that there is no misrepresentation or fraud on behalf of the petitioner in fixing his pay and therefore, the action of the respondent authorities in recovering the amount of Rs.57,023/- from the gratuity of the petitioner without giving any opportunity of hearing is clearly illegal and arbitrary. Learned counsel for the petitioner has referred to a Full Bench decision of this Court in Budh Ram vs. State of Haryana and others 2009(3) PLR 511 wherein it has been held that neither any recoveries can be affected from an employee who received the benefit without any fault or misrepresentation on his part nor the basis pay of an employee can be refixed or brought down without any notice, reply, opportunity of hearing and passing CWP No. 13766 of 2011 -3- of a speaking order. In view of the law laid down in Budh Ram's case (supra), the present writ petition is disposed of and Annexure P-2 is hereby quashed. The respondents are directed to refund the amount of Rs.57,023/- which was made from the gratuity of the petitioner, preferably within a period of six weeks from the date of receipt of certified copy of this order is received. However, in case, it is found that the petitioner had made any misrepresentation or fraud at the time of re-fixation of salary, respondents will be at liberty to approach this Court for review of this order within a period of six weeks August 02, 2011 (RITU BAHRI) G.Arora JUDGE