CWP No.18867 of 2009.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.18867 of 2009 Date of Decision: 08.04.2010 **** Mohinder Singh . . . . Petitioner VS. State of Punjab and others . . . . 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. R.K.Arora, Advocate for the petitioner Ms. Charu Tuli, Sr. DAG, Punjab ***** SURYA KANT J. (ORAL) (1). The petitioner retired as a Headmaster from the Education Department, Government of Punjab w.e.f. 31.10.2005 on attaining the age of superannuation. He seeks quashing of the order dated 15.07.2007 (Annexure P6), whereby, his pay has been ordered to be re-fixed w.e.f. 01.01.1978 onwards and consequential recovery is sought to be effected. The petitioner further seeks a mandamus for the grant of ACP as well as retiral benefits including pension which has also not been paid to him so far. CWP No.18867 of 2009.doc - 2 – (2). It appears that pursuant to the order dated July 15,1998 passed in CWP No.17942 of 1997, to which the petitioner was also a party, his pay was stepped up and brought at par with his alleged juniors. On retirement, the Audit Department has raised an objection that the petitioner’s pay was erroneously stepped-up for which he was not entitled to. As a result thereto, the pay of the petitioner has now been refixed retrospectively and consequential recovery is sought to be effected. (3). Having heard learned counsel for the parties at some length, I find that this writ petition deserves to be disposed of in terms of order dated 02.03.2010 passed in Smt. Sudarshana Devi and another v. State of Punjab and others (CWP No.16323 of 2008). No recovery, in such like cases, can be effected as ruled by a Full Bench of this Court in Budh Ram & Others vs. State of Haryana & Others, 2009(3) PLR 511. However, the claim of the petitioner regarding stepping- up of his pay needs to be examined by the Officers’ Committee constituted in Sudharshana Devi’s case (supra). (4). Consequently, this writ petition is allowed in part; while the recovery order issued against the petitioner is quashed. It is directed that the claim of the petitioner CWP No.18867 of 2009.doc - 3 – regarding stepping-up/ACP of his pay shall be re- considered by the Officers’ Committee constituted in Sudharshana Devi’s case (supra) within a period of four months from the date of receipt of a certified copy of this order. Meanwhile, the retiral benefits of the petitioner shall be released within a period of two months on the basis of refixed pay though without prejudice to his right to be established before the Officers’ Committee. (5). The Committee may also consider the claim of the petitioner regarding interest. (6). Ordered accordingly. (7). Dasti . (SURYA KANT) JUDGE 08.04.2010 vishal shonkar