HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.6607 of 2011 (O&M) Date of Decision: 09.08.2011 **** Vijay Kumar . . . . Petitioner VS. State of Punjab & Ors. . . . . 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; Mr. JS Lalli, Advocate for the petitioner(s) Mr. BS Chahal, DAG Punjab **** SURYA KANT, J. (ORAL) (1). This order shall dispose of CWP Nos.6607 & 8322 of 2011 as common issues are involved. Brief facts are being extracted from CWP No.6607 of 2011. (2). The petitioner, who is working as Pharmacist in the Health and Family Welfare Department, Government of Punjab, seeks quashing of the order dated 28.03.2011 & 08.04.2011 (Annexures P3 & P4, respectively) whereby recovery of Rs.93988/- has been ordered to be effected on account of wrong fixation of pay due to grant of the benefit of the Proficiency Step-up. CWP No.6607 of 2011.doc - 2 – (3). Notice of motion was issued and pursuant thereto, the respondents have filed their counter-reply/affidavit. It is nowhere averred by the respondents that the petitioner(s) misled the authorities or played any fraud or deceived them to secure the undeserving monetary benefit(s). (4). Applying the ratio decidendi of the Full Bench decision in Budh Ram & Others vs. State of Haryana & Others, 2009(3) PLR 511 as well as the decision by the Hon’ble Supreme Court in Registrar, Cooperative Societies Haryana and others v. Israil Khan and others, (2010) 1 SCC 440, I am of the considered view that no recovery can be effected from the petitioner(s). (5). Consequently, the writ petition is allowed and the impugned order(s) (Annexures P3 & P4) to the extent ordering recovery is/are hereby quashed. The respondents are directed to refund the amounts, if any already recovered from the petitioner(s) within a period of three months from the date of receipt of a certified copy of this order. (6). Ordered accordingly. Dasti. 09.08.2011 vishal shonkar (S u r y a K a n t) Judge