CWP No. 2037 of 2009 1 IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH CWP No. 2037 of 2009 Date of Decision : 3.12.2009 Om Parkash .......... Petitioner Versus Uttar Haryana Bijli Vitran Nigam Limited & others ...... Respondents CORAM : HON'BLE MR. JUSTICE VINOD K. SHARMA Present : Mr. Jagbir Malik, Advocate for the petitioner. Mr. Praveen Gupta, Advocate for the respondents. **** VINOD K. SHARMA, J. (ORAL) The petitioner has invoked the writ jurisdiction of this Court to challenge the order dated 29.8.2008 ( Annexure P-4) vide which a sum of Rs. 27,732/- (Rupees twenty seven thousand seven hundred and thirty two only) was deducted from the pensionary dues of the petitioner, on the ground that the amount was paid to the petitioner wrongly. The petitioner challenged the impugned order on the plea that it was not permissible to the respondents to recover any amount or reduce the salary drawn by the petitioner in pursuance to the order of his promotion. Notice of the writ petition was issued. In the reply filed, the respondents have placed on record order dated 31.10.1994 vide which the petitioner was granted conditional promotion subject to his passing safety code test within a period of six CWP No. 2037 of 2009 2 months. Clause 4 of the order of promotion of the petitioner reads as under :- “4. The above promotions are subject to the passing of safety code test by the officials within a period of six months from date they joined as AFM and they will not be allowed to earn annual increment in the promoted line without passing the safety code test.” It is not in dispute that the petitioner did not pass the safety code test within the stipulated period but passed it after 1 ½ year. There is no order of promotion thereafter on passing of safety code test, nor the petitioner claimed any relief seeking promotion to the higher post from the date of passing of the safety code test. No fault, therefore, can be found with the order vide which the increment of the petitioner granted to him, in pursuance to his promotion was withdrawn. However, recovery of Rs.27,732/- (Rupees twenty seven thousand seven hundred and thirty two only) cannot be sustained in view of the Full Bench judgment of this Court in Budh Ram Vs. State of Haryana 2009(3) PLR 511 as no fraud or misrepresentation is alleged against the petitioner in grant of said benefit. Consequently, this writ petition is partly allowed by upholding order re-fixing the pay of the petitioner, however, the order of recovery is ordered to be set aside. The respondents are directed to pay a sum of Rs. 27,732/- (Rupees twenty seven thousand seven hundred and thirty two only), deducted from the petitioner illegally, within one month from the date of CWP No. 2037 of 2009 3 receipt of certified copy of this order. It is made clear that if the amount is not paid within the stipulated period of one month then the petitioner shall be entitled to interest @ 12% per annum from the date of deduction till the date of payment. No costs. 3.12.2009 ( VINOD K. SHARMA ) 'sp' JUDGE