CWP No.7584 of 1993 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.7584 of 1993 Date of Decision: 30.6.2010 Hari Singh and others ……Petitioners VERSUS The P.R.T.C. Patiala ……Respondent CORAM: HON'BLE MR. JUSTICE ALOK SINGH -.- Present: Mr. Anil Khetarpal, Advocate for the petitioners. Mr. Gyaneshwar Walia, Advocate for Mr. R.S. Ahluwalia, Advocate for the respondent. 1. Whether Reporters of local papers may be allowed to see the judgment? Yes 2. To be referred to the Reporters or not? Yes 3. Whether the judgment should be reported in the Digest? Yes ALOK SINGH, J. (ORAL) 1. In the present petition, petitioners are assailing Annexure P-4 dated 1.9.1989 directing to refix the salary of the petitioners with- holding proficiency step up increment granted to them on completion of 8 to 18 years service in view of the instructions of IIIrd Pay Com- mission. CWP No.7584 of 1993 -2- 2. Various petitions were filed in this Court by the employees of different departments. One of the petition in CWP No.12318 of 1989 came up for hearing before this Court and this Court has dis- posed of that petition today. Mr. Gyaneshwar Walia, Advocate has pointed out that this case is slightly different, and in the present mat- ter on the application of the respondent for seeking vacation of stay, this Court vide order dated 02.09.2004 directed that in the event of allowing the writ petition, the amount withdrawn or likely to be with- drawn in future by the petitioners shall be refunded with 6% simple interest. Order dated 2.9.2004 is an interim order. Admittedly, most of the petitioners stood retired from service and few of them are at the verge of retirement. None of the petitioner played any fraud or misrepresentation in receiving the payment. Increments were granted to the petitioners by the Department concern. On the objec- tions being raised by financial Department, steps up increments were directed to be withdrawn by the respondent. In the peculiar facts and circumstances of the present petition without examining the legality of the impugned order, in the opinion of this Court, no refund should be claimed from the petitioners after laps of long time. Moreover, this Court in CWP No.12318 of 1989, decided today, has directed not to recover any amount paid to the employees. This Court can not dis- criminate between employees of two different departments by direct- ing in the present petition to recover the amount from the petitioners. CWP No.7584 of 1993 -3- 3. Hence, this petition also stands disposed of in the light of the judgment passed today in CWP No.12318 of 1989. ( ALOK SINGH ) 30th June, 2010 JUDGE ashish