IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Civil Writ Petition No.7620 of 2010 Date of Decision : April 29, 2010. Chanchal Devi .....Petitioner versus State of Punjab and others .....Respondents CORAM : HON'BLE MR.JUSTICE SURYA KANT. Present : Mr.Vikas Chatrath, Advocate, for the petitioner. Mr.B.S.Chahal, Deputy Advocate General, 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) Notice of motion. Mr.B.S.Chahal, learned Deputy Advocate General, Punjab accepts notice on behalf of the respondents. In view of the nature of the order which I propose to pass, there is no necessity to seek any counter-reply from the respondents at this stage. The petitioner seeks quashing of the order dated 30.12.2009 (Annexure P-4) whereby recovery of Rs.52,991/- has been effected from her Death-cum-Retirement Gratuity. C.W.P.No .7620 of 2010 2 A perusal of the payment order (Annexure P-4) reveals no reason and it simply states that a sum of Rs.52,991/- has been deducted from the DCRG of the petitioner. Neither the petitioner was served with any show-cause notice nor any reason for effecting the aforesaid recovery has been assigned. Since there is no allegation of any fraud, misrepresentation or deception against the petitioner in getting the monetary benefits, no recovery can be effected from her in the light of the principles laid down by the Full Bench in Budh Ram and others versus State of Haryana and others, 2009 (3) S.C.T.333. For the reasons afore-stated, the writ petition is allowed and the impugned order dated 30.12.2009 (Annexure P-4) to the extent of effecting the recovery of Rs.52,991/- from the petitioner's DCRG, is hereby quashed leaving it open for the respondents to issue a show-cause notice to the petitioner, if her pay etc. is required to be re-fixed, in accordance with the Rules and the Government Instructions/Policies. Dasti. April 29, 2010 (SURYA KANT) Mohinder JUDGE