IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P.No.4433 of 2010 Date of Decision:- 30.05.2011 Chander Shekhar ....Petitioner(s) vs. Punjab Agro Industries Corp.Ltd. and others ....Respondent(s) *** CORAM:- HON'BLE MR.JUSTICE AUGUSTINE GEORGE MASIH *** Present:- Mr.Sarwan Sehgal, Advocate, for the petitioner. Mr.I.S.Sidhu, Advocate, for the respondents. *** AUGUSTINE GEORGE MASIH, J. (Oral) Prayer in the present writ petition is for quashing of the order dated 27.8.2008 (Annexure P-2). Counsel for the petitioner at the time of hearing restricts his claim to the recovery of ` 25,929/- which has been ordered vide the impugned order. The said amount has been deducted by the respondents. It is the case of the petitioner that the claim of the petitioner is fully covered by the ratio of Full Bench judgment of this Court in the case of Budh Ram and others vs. State of Haryana, CWP No.2799 of 2008 decided on 22.5.2009. The said assertion of the counsel for the petitioner is disputed by the counsel for the respondents. He states that the amount, which the petitioner had claimed, was attached with the post as Executive Grade-I which the petitioner was holding when this amount was paid. But thereafter the petitioner was promoted from back-date on the post of Manager and, C.W.P.No.4433 of 2010 -2- therefore, for that period he had drawn the personal pay and perks of Executive Grade-I, could not have been granted to him. It is, however, not disputed, as a matter of fact, that the petitioner had worked on the post of Executive Grade I. In the light of the facts of the case and also keeping in mind the fact, which is not in dispute that there was no fraud or misrepresentation on the part of the petitioner which would have led to the payment to the petitioner, the claim of the petitioner would be fully covered by the Full Bench judgment of this Court in Budh Ram and others' case (supra) wherein it has been held that the recovery should not be effected from the employee concerned. Counsel for the respondents, however, states that it is not a bona fide mistake on the part of the Department and, therefore, would not be covered by the exception as carved out by the judgment of the Full Bench in Budh Ram and others' case (supra). This assertion of the counsel for the respondents cannot be accepted in the light of the fact that the petitioner had, as a matter of fact, worked on the post of Executive Grade I and, therefore, as he had worked on the said post, he was rightly entitled to and granted the benefit. The recovery which has been effected from the petitioner should be refunded to him within a period of three months from the date of receipt of certified copy of this order. Writ stands disposed of. May 30, 2011 ( AUGUSTINE GEORGE MASIH ) poonam JUDGE