HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.20190 of 2005 (O&M) Date of Decision: 16.05.2011 **** Jagraj 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. Surinder Garg, Advocate for the petitioner Mr. JS Puri, Addl. AG Punjab **** SURYA KANT, J. (ORAL) (1). The petitioner, who retired as JBT Teacher from the Education Department, Government of Punjab, is aggrieved by the action of the respondents in reducing his pay on account of grant of additional increments, to which the petitioner allegedly was not entitled to. The petitioner also seeks refund of Rs.29171/- which was ordered to be recovered from his Gratuity, along with interest. (2). Notice of motion was issued and pursuant thereto, the respondents have filed their counter-reply/affidavit. It is nowhere averred by the respondents that the petitioner CWP NO.20190 of 2005.doc - 2 – misled the authorities or played any fraud or deceived them to secure the undeserving monetary benefit(s). (3). 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. (4). Consequently, the writ petition is allowed and the impugned action of the respondents to the extent ordering recovery of Rs.29171/- is hereby quashed. The respondents are directed to refund the amount recovered from the petitioners within a period of three months from the date of receipt of a certified copy of this order. (5). Ordered accordingly. Dasti. 16.05.2011 vishal shonkar (S u r y a K a n t) Judge