IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Civil Writ Petition No.8729 of 2009 Date of Decision : March 18, 2010. Gurnek Singh Constable No.2761/PTA .....Petitioner versus State of Punjab and others .....Respondents CORAM : HON'BLE MR.JUSTICE SURYA KANT. Present : Mr.Om Pal Sharma, Advocate, for the petitioner. Mr.B.S.Chahal, DAG, 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 is an Ex-serviceman who served in the Indian Army from 11.7.1968 to 30.9.1988. He was thereafter recruited as a Constable in the Punjab Police in Ex-serviceman category. The petitioner has already retired from police service on attaining the age of superannuation w.e.f. 31.5.2008. When the petitioner was paid his arrears etc. on his retirement, an amount of Rs.37,980/- has been deducted from his retiral benefits towards the alleged excess payment of DA. To be precise, the stand taken by the respondents in their counter-affidavit is that the petitioner was already withdrawing DA on the C.W.P.No .8729 of 2009 2 pension being received by him from the Central Government in lieu of the army service rendered by him and no DA to the extent he was drawing from the Central Government, was admissible to him on his basic pay as a Constable. Having heard learned counsel for the parties at some length, I am of the considered view that it is not the case of the respondents that the petitioner has concealed the factum of DA on his pension. It is also not their case that any specific query was ever put to the petitioner in this regard. The petitioner, therefore, cannot be said to have concealed the facts or played fraud etc. to secure the monetary benefits. No recovery can be effected from the petitioner in view of the Full Bench decision of this Court in Budh Ram and others versus State of Haryana and others, 2009 (3) S.C.T.333. The writ petition is accordingly allowed and the recovery order is hereby ser-aside and the respondents are directed to refund the already deducted amount to the petitioner within a period of four months from the date of receiving a certified copy of this order. Dasti. March 18, 2010 (SURYA KANT) Mohinder JUDGE