CWP No.14907 of 2001.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.14907 of 2001 (O&M) Date of Decision: 22.02.2010 **** Roshan Lal . . . . Petitioner VS. State of Punjab and others . . . . . 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. Harish Gupta, Advocate for the petitioner Ms. Charu Tuli, Sr. DAG, Punjab ***** SURYA KANT J. (ORAL) (1). The petitioner who was serving as a Junior Lecturer in the Technical Education Department, Government of Punjab, retired on attaining the age of superannuation on 30.06.2000. He impugns the action of the respondents in reducing his pay with retrospective effect as a result whereof recovery of Rs.62203/- is also sought to be effected from his pension. (2). Notice of motion was issued and in response thereto, reply has been filed by the respondents. CWP No.14907 of 2001.doc - 2 – (3). During the course of hearing, learned counsel for the petitioner confines his challenge to the recovery order only. He relies upon the decision rendered by a Full Bench of this Court in Budh Ram and others vs. State of Haryana and others in CWP No.2799 of 2008 decided on 22.05.2009 and urges that in the light of the admitted facts and circumstances, no recovery can be effected from the petitioner by the respondents as the petitioner never misled the Authorities to gain any service benefit nor concealed the material facts. (4). Learned State counsel also does not dispute the factual plea taken by the petitioner. (5). For the reasons afore-stated, the writ petition is allowed in part; the impugned order to the extent of ordering recovery from the petitioner, is hereby quashed. However, the order of re-fixation of his pay etc. is upheld. The recovery, if any, already made be refunded to the petitioner within a period of four months from the date of receipt of certified copy of this order. (6). Ordered accordingly. (7). Dasti . (SURYA KANT) CWP No.14907 of 2001.doc - 3 – JUDGE 22.02.2010 vishal shonkar