HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.9493 of 2004 (O&M) Date of Decision: 01.08.2011 **** ML Aggarwal & Ors. . . . . Petitioners 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. GS Sandhawalia, Advocate for the petitioners Ms. Sudeepti Sharma, DAG Punjab **** SURYA KANT, J. (ORAL) (1). The petitioners are the retired Officers of the Irrigation Department, Government of Punjab. They seek quashing of the orders dated 05.12.2003, 15.12.2003, 18.03.2004, 08.01.2004, 20.01.2004, 25.05.2004 (Annexure P11, P13, P15, P16, P18, P19, P20 respectively) whereby their pension was re-fixed and consequential recovery was sought to be effected. (2). 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 petitioners misled the authorities or played any fraud or deceived them to secure the undeserving monetary benefit(s). CWP No.9493 of 2004.doc - 2 – (3). Learned counsel for the petitioners now confine their claim qua recovery only. (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 petitioners. (5). Consequently, the writ petition is allowed and the impugned recovery orders are hereby quashed. The respondents are directed to refund the amounts if any already recovered from the petitioners within a period of three months from the date of receipt of a certified copy of this order. (6). Ordered accordingly. Dasti. 01.08.2011 vishal shonkar (S u r y a K a n t) Judge