CWP No.324 of 2010.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.324 of 2010 (O&M) Date of Decision: 12.10.2010 **** Balbir Singh . . . . Petitioner VS. Pepsu Road Transport Corp. & Anr. . . . . . 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. Tribhawan Singla, Advocate for the petitioner Mr. Lalit Rishi, Advocate for the respondents ***** SURYA KANT J. (ORAL) (1). The petitioner, who is serving with the respondent- Corporation as a Junior Assistant, seeks quashing of the orders dated 18.12.2008 & 05.03.2009 (Annexure P7 & P8, respectively) vide which his pay has been re-fixed/reduced and consequential recovery has been ordered to be effected from him. (2). While restricting his challenge qua ‘recovery’ only, the petitioner’s case is that he never misrepresented the facts nor played any fraud or used deceptive means to secure any monetary gain for himself, therefore, even if the action of pay CWP No.324 of 2010.doc - 2 – fixation was erroneous or contrary to Rules/Instructions, no recovery of the resultant emoluments already paid to him can be got effected retrospectively. (3). That being the state of affairs, no recovery can be allowed to be effected from the petitioner, as` ruled by a Full Bench of this Court in Budh Ram & Others vs. State of Haryana & Others, 2009(3) PLR 511 as also recently by the Hon’ble Supreme Court in Registrar, Cooperative Societies Haryana and others v. Israil Khan and others, (2010) 1 SCC 440. (4). The writ petition is accordingly allowed in part; the impugned recovery order (Annexure P7&P8) are hereby quashed and the respondents are directed to refund the withheld/recovered amount, if any, to the petitioner within a period of three months from the date of receipt of a certified copy of this order. (5). Ordered accordingly. Dasti. 12.10.2010 vishal shonkar (SURYA KANT) JUDGE