C.W.P. No. 12318 of 1989 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No. 12318 of 1989 Date of Decision: 30.6.2010 Amarjit Singh Walia and others .... Petitioners Versus State of Punjab and others ... Respondents CORAM: HON'BLE MR. JUSTICE ALOK SINGH Present :- Ms. Alka Chatrath, Advocate for the petitioners Mr. Satish Bhanot, Addl. A.G. Punjab for the respondent – State 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? ALOK SINGH, J. (ORAL) The petitioners were working as Senior Clerks in the Municipal Corporation, Ludhiana. The petitioners were placed in the grade of Rs. 510-800 on various grades. The Punjab Govt. appointed 3rd Pay Commission to recommend the New Pay Scales for the Punjab Govt. and for implementation of the same, the Punjab Govt. framed Rules called the Punjab Civil Services (Revised Pay) Rules, 1988. In pursuance to the provision of Rule 3(h) of the Punjab Civil Services (Revised Pay) Rules, 1988 as adopted by the Deptt. of Local Govt. Punjab, the Govt. released the revised scales of pay to all the remaining categories of employees of the Urban Local Bodies whose existing pay scales are identical to the pay scales of the Punjab Government employees. Thereafter, increments were granted on completion of 8 and 18 years of service. However, after C.W.P. No. 12318 of 1989 2 audit report increments granted to the petitioners were directed to be withdrawn vide order dated 17.7.1989 (Annexure P-5). Feeling aggrieved from the order dated 17.7.1989, withdrawing the increment, petitioners have preferred present petition in the year 1989. This Court while admitting the petition vide order dated 6.10.1989 pleased to stay implementation of the clarification dated 1.9.1989 (Annexure P-6). That said order is still in force and in the light of the stay granted by this Court, petitioners were paid benefit granted to them in the shape of increments. Now, it is submitted in the Court that all the petitioner have retired and are no more in service. Petitioners never played any fraud or misrepresentation in getting the payment of increments. Same was being paid to the petitioners by the respondents till objection was raised by the financial Department. In view of the fact that all the petitioners have retired and this petition is pending from 1989, this Court does not find any justification to examine the legality of impugned order and it would not be just and proper to permit the respondents to seek refund from the petitioners. In view of the above, present petition stands disposed of with the direction that no recovery shall be made from the petitioners in pursuance to the order dated 1.9.1989 (Annexure P-6). (ALOK SINGH) 30.6.2010 JUDGE reena