CWP No.17337 of 2008 Karamjit Kaur Vs. State of Punjab and others Present: Mr.Tribhuwan Singla, Advocate for the petitioner. Mrs.Kavita Arora, AAG, Punjab. * * * Permod Kohli, J. Petitioner retired from the post of S.S. Mistress on 30.6.2008 on attaining the age of superannuation. At the time of settlement of her pension claim and on the basis of objections raised by the Accountant General office, the certain benefits granted to the petitioner have been withdrawn and recovery ordered vide impugned letter (Annexure P-3). From the perusal of the aforesaid document, it appears that increments granted to the petitioner on 1.1.1986 and 1.1.991, have been withdrawn. Further, the increment granted to the petitioner on account of higher responsibility promotion as S.S. Mistress has also been withdrawn. The step up pay of the petitioner on 27.7.1993 equal to her junior employee has also been withdrawn. Consequently, the amount of Rs.1,50175/- has been ordered to be recovered and deducted from her DCRG. Pay of the petitioner is accordingly, revised vide subsequent letter dated 19.9.2008. These orders have been challenged by the petitioner. During the course of arguments, it is stated by learned counsel appearing on behalf of the petitioner that he has instructions to abandon he relief in so far re-fixation of the salary of the petitioner is concerned. Now the relief is only confined to the recovery of the amount. I have heard learned counsel for the parties. From the reply filed by the respondents, it appears that benefits were granted to the petitioner on bona fide interpretation of the relevant rules/instructions. There is no allegation of misrepresentation of fraud attributable to the petitioner. CWP No.17337 of 2008 In view of the above circumstances, the amount released in favour of the petitioner on account of additional increments and stepped up pay shall not be recoverable from him. It is also relevant to mention here that the controversy arisen in this petition, is covered by the judgment of Full Bench in case of Budh Ram and others Vs. State of Haryana and others decided on 22.5.2009 wherein, following order has been passed:- “We have, therefore, no hesitation in holding that in case the employee who are receipt of the benefit extended to them on an erroneous interpretation or application of any rule, regulation, circular and instruction have not in any way contributed to such erroneous interpretation nor have they committed any fraud, misrepresentation, deception to obtain the grant of such benefit, the benefit so extended may be stopped for the future, but the amount already paid to the employees cannot be recovered from them.” In view of the above situation, this petition is disposed of with the following directions:- 1. The impugned order (Annexure P-3) to the extent it orders, the recovery from the petitioner is hereby quashed. 2. The order impugned refixation of the salary of the petitioner and consequential retiral benefits shall remain intact. 3. If any amount is recovered, shall be refunded to the petitioner within a period of three months. ( Permod Kohli ) Judge 27.07.2010 sd 2