Civil Writ Petition No. 14558 of 2011 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No. 14558 of 2011 Date of decision:-10.08.2011 Dilbag Singh ...Petitioner Versus State of Punjab and others ...Respondents CORAM: HON'BLE MS. JUSTICE RITU BAHRI Present:- Mr. Hoshiar Singh Jaswal, Advocate for the petitioner. RITU BAHRI J.(Oral) Challenge is to the order dated 13.7.2011 whereby pay of the petitioner has been re-fixed. Keeping in view that he was entitle to grant of ACP proficiency stepped up w.e.f. 01.9.1998 in the pay-scale of Rs.5000-8100 vide order dated 08.12.2009 (Annexure P-1). Recovery of Rs.30,451/- has been made. Counsel for the petitioner at the outset does not challenge the re-fixation order and restrict his claim to effecting recovery on account of re-fixation. The petitioner has not played any fraud or misrepresent facts to get monetary benefits. This Court in Budh Ram & others versus State of Haryana and others (Civil Writ Petition No.2799 of 2008, decided on 22.5.2009) reported as 2009(3) PLR 511 has considered this aspect and held that where there is no misrepresentation on the part of the employees in getting higher pay- scale or monetary benefits, recovery should ordinarily not be made from such employees. Notice of motion. Civil Writ Petition No. 14558 of 2011 -2- On asking of the Court, Mr. Praveen Chander Goyal, Addl.A.G. Punjab accepts notice on behalf of State. Counsel for the petitioner is directed to supply copy of petition to counsel for the State today itself during the course of the day. In view of the facts and circumstances of the case, this writ petition is allowed by giving direction to the respondents to refund the recovery in pursuance to the order Annexure P-1. After verifying that the petitioner had made any misrepresentation or played fraud at the time of fixation of the initial pay-scale when the benefit was granted to him, the respondents are at liberty to seek review this order. August 10, 2011 ( RITU BAHRI ) Vijay Asija JUDGE