Civil Writ Petition No. 11960 of 2011 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No. 11960 of 2011 Date of decision:-12.07.2011 Hukam Chand ...Petitioner Versus State of Punjab and others ...Respondents CORAM: HON'BLE MS. JUSTICE RITU BAHRI Present:- Mr. Tribhuvan Singla, Advocate for the petitioner. RITU BAHRI J.(Oral) Challenge is to the recovery of Rs.56,440/-, which has been made from the gratuity of the petitioner as per information supplied to the petitioner (Annexure P-6) dated 09.5.2011. Notice of motion. On asking of Court Ms. Anu Pal, AAG Punjab accepts notice on behalf of respondents. Counsel for the petitioner is directed to supply copy of petition to State Counsel today itself during the course of the day. Vide order dated 18.9.2009 salary of the petitioner has been re- fixed. Vide order dated 15.7.2010 full gratuity i.e. Rs.4,44,873/- has been sanctioned to the petitioner but only Rs.3,88,433/- has been paid to the petitioner. Counsel for the petitioner has restricted his challenge only to the recovery, which has been effected. He has not challenged the re-fixation order dated 18.9.2009. In similar circumstances this Court has disposed of the writ petitions in view of Full Bench judgment of this Court in Budh Ram and others v. State of Haryana and others (C.W.P. No.2799 of 2008 decided on Civil Writ Petition No. 11960 of 2011 -2- 22.5.2009) reported as 2009(3) PLR 511 giving directions to the respondents not to recover the arrears of salary. In the present case direction is being given that the recovery be refunded to the petitioner. At the time of fixation of initial salary, if it comes to the notice of the respondents that the petitioner had misrepresented the facts or played any fraud to gain monetary benefits, they may seek review of this order within a period of six weeks from the date of receipt of certified copy of this order. July 12, 2011 ( RITU BAHRI ) Vijay Asija JUDGE