IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CIVIL WRIT PETITION NO.20565 OF 2009 DATE OF DECISION: JANUARY 31 ,2011 Rukmani Raman Yadav .....Petitioner VERSUS The Karnal Central Cooperative Bank Ltd., Karnal and another ....Respondents CORAM:- HON'BLE MR.JUSTICE RANJIT SINGH PRESENT: Mr. Naveen Daryal, Advocate, for the petitioner. None for the respondents. **** RANJIT SINGH, J. (ORAL) Prayer made by the petitioner is that recovery of an amount of `2,81,860/-, which is being effected from his pay and allowances, may not be open to be recovered in view of the law laid down in case of Budh Ram and others Vs. State of Haryana and others, 2009(3) SCT 333. In reply to the averments made in the petition, it is stated that seniority of the petitioner was got disturbed in view of the judgment passed by Civil Court on behalf of some of his co- employees and accordingly the recovery is being effected on account of change of seniority and resultant promotion. There is no allegation that any payment was made to the CIVIL WRIT PETITION NO.20565 OF 2009 :{ 2 }: petitioner on account of any misrepresentation or fraud. That being the position, the ratio of law laid down in Budh Ram's case (supra) would be attracted to the facts of the present case. The writ petition is accordingly allowed to the extent that recovery of the amount paid in excess be not made from the petitioner. January 31,2011 (RANJIT SINGH ) khurmi JUDGE