IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Civil Writ Petition No.9104 of 2010 Date of Decision : May 18, 2010. Mehar Chand .....Petitioner versus State of Punjab and others .....Respondents CORAM : HON'BLE MR.JUSTICE SURYA KANT. Present : Mr.S.K.Rattan, Advocate for the petitioner. Mr.K.S.Sidhu, 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) Notice of motion. Mr.K.S.Sidhu, 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 served as a Driver under respondent No.3, namely, in Ranjit Sagar Dam and he has retired w.e.f. 28.2.2007 on attaining the age of superannuation. He seeks quashing of the order dated 19.3.2008 (Annexure P-4) whereby his pay has been adversely refixed and C.W.P.No .9104 of 2010 2 consequential recovery of Rs.67,290/- is sought to be effected from him. During the course of hearing, learned counsel for the parties are ad-idem that the controversy involved in this case stands settled partly by a decision dated 27.5.2009 rendered by this Court in a bunch of writ petitions including CWP No.5568 of 2008 (Charan Dass and others versus State of Punjab and others). This writ petition is accordingly disposed of in terms of Charan Dass's case (supra), with the directions that the respondents are not entitled to effect any recovery from the petitioner either on account of retrenchment increments or special increments alleged to have been given erroneously. However, the respondents are entitled to re-fix the emoluments by reducing the special increment only. Consequently, the pay of the petitioner will be re-fixed and the retiral benefits shall be released to him within a period of two months from the date of receiving a certified copy of this order. The petitioner shall also be entitled to interest on the delayed payment of pension/retiral benefits at the statutory rate wherever admissible and at the rate of 6% on pension and other retiral benefits where statutory interest is not provided for. Any amount deducted from the retiral benefits or the salary of the petitioner shall be refunded within the aforesaid period. Dasti. May 18, 2010 (SURYA KANT) Mohinder JUDGE