CWP No.2028 of 1990 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.2028 of 1990 (O&M) Decided on : 26.11.2010 Roop Singh ... Petitioner versus State of Haryana & others ... Respondents CORAM : HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH Present : Mr. Ashwani Bakshi, Advocate for the petitioner. Mr. D.S.Nalwa, Addl. AG, Haryana for the respondents. **** AUGUSTINE GEORGE MASIH, J.(ORAL) Written statement filed on behalf of respondents No.1 to 3 in Court is taken on record. The prayer in the present writ petition is for quashing the instructions dated 04.10.1988 (Annexure P-1) and dated 23.07.1985 (Annexure P-3) and the impugned order dated 07.11.1988 (Annexure P-2) passed in the case of petitioner wherein recovery of unauthorised overtime payment received by the petitioner has been directed from his pay. This order has been passed relying upon the instructions dated 23.07.1985 (Annexure P-3) and dated 04.10.1988 (Annexure P-1) wherein instructions were issued to all the General Managers of Haryana Roadways that in the light of the fact that all the posts of Haryana Roadways dealing with the ministerial staff have been converted from non-pensionable to pensionable and as such it will be treated at par with other government servants and therefore, the ministerial staff is not entitled to payment of overtime allowance. They CWP No.2028 of 1990 (O&M) -2- were to be allowed compensatory leave in lieu of over-time payment. The said instructions were not being implemented and it was found that in case of the petitioner also the overtime was being paid to him . Accordingly, recovery was ordered vide impugned order dated 07.11.1988. The petitioner has approached this court with a prayer for quashing of the said order as also the instructions on which reliance was placed. It is the contention of the petitioner that since there is no fraud or misrepresentation made on his behalf, recovery may not be effected from him. Learned counsel for the petitioner has placed reliance on the Full Bench of this Court in Budh Ram and others vs. State of Haryana and others, 2009(4) RSJ 110 wherein this Hon'ble Court has held that no recovery is to be effected from the employee who has received benefits without misrepresentation, fraud or deception. He has further relied upon the instructions dated 25.05.2010 issued by the State of Haryana following the Full Bench judgment of this Court where again same principle has been reiterated. Learned counsel for the respondents has submitted that the instructions which has been issued by the State of Haryana on the basis of which recovery has been effected from the petitioner are in accordance with law and therefore does not call for any interference. He further states that the order of recovery in consequence thereof is also justified and thus, the writ petition deserves to be dismissed. However, he is unable to rebut the contention of the learned counsel for the petitioner that no fraud, misrepresentation or deception was played by the petitioner to seek the benefits, which has been granted CWP No.2028 of 1990 (O&M) -3- to him under erroneous belief by the concerned department. I have heard learned counsel for the parties and have gone through the record of the case. In the light of Full Bench judgment of this Court in Budh Ram's case(supra) and the instructions dated 25.05.2010 issued by the State of Haryana, the case of the petitioner is fully covered by the said judgment and instructions therefore, no recovery can be effected from him. The recovery order dated 07.11.1988 (Annexure P-2) is quashed in the light of the said judgment. The writ petition is allowed in above terms. November 26, 2010 (Augustine George Masih) sonia Judge