IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No. 15227 of 2009. [O&M] Date of Decision: 7th July, 2010. Manohar Lal Petitioner through Mr. Arvind Kashyap, Advocate Versus P.S.E.B. and others Respondents through Mr. S.S.Mattewal, Advocate. 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? SURYA KANT, J. [ORAL] The petitioner seeks quashing of the entry made in his service book regarding recovery of Rs.1,53,710/- from him after withdrawal of the time-bound promotional scale[s] granted to him on completion of 9 and 16 years of service. The afore-stated promotional pay scale[s] have been withdrawn by the respondents on the plea that earlier the petitioner had declined the offered promotion to the next higher post and had foregone his promotion. According to the respondents, an employee who opts to forego his promotion is not entitled to claim time-bound promotional pay scales which the petitioner was allowed to continue till he retired w.e.f. 28.2.2005. Aggrieved at the recovery, the petitioner has approached this Court. The respondents have filed their reply/affidavit wherein no where it is averred that the petitioner, at the time of fixation of his pay, misrepresented the facts or played any fraud or deceived the authorities to secure the monetary gains. That being so, no recovery can be allowed to be effected from the petitioner as ruled by a Full Bench of this Court in Budh Ram v State of Haryana & Ors.2009 [3] PLR, 511. The writ petition is accordingly allowed; the impugned recovery order [Annexure P-3] is hereby quashed and it is directed that the recovery, if any, already effected from the petitioner shall be refunded to him within a period of three months from the date a certified copy of this order is received. However, the respondents shall be at liberty to re-fix the retiral dues of the petitioner as per the reduced pay scale[s]. Disposed of. Dasti. July 07, 2010. ( SURYA KANT ) dinesh JUDGE