CWP No.17700 of 2010.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.17700 of 2010 Date of Decision: 29.09.2010 **** Des Raj & Anr. ... Petitioners VS. Punjab State Power Corp. Ltd. & 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: Ms. Alka Chatrath, Advocate for the petitioner Mr. H.S. Brar, Addl. AG Punjab ***** SURYA KANT J. (ORAL) (1). Notice of motion. Mr. H.S. Brar, learned Addl. AG Punjab accepts notice on behalf of the respondents. In view of the nature of order which I propose of pass, there is no necessity to call upon the respondents to file their counter-reply at this stage. (2). The petitioners who are working as Lower Division Clerks and are near to retirement, seek quashing of the orders dated 17.09.2010 (Annexure P3 & P4) whereby the benefit of Advance Promotional Increments granted to them on completion of 23 years of service, has been ordered to be withdrawn CWP No.17700 of 2010.doc - 2 – and consequential recoveries are sought to be effected. (3). Learned counsel for the petitioners confines the claim of the writ-petitioners qua recovery only. (4). Having heard learned counsel for the petitioners and on perusal of the impugned orders, it is apparent that the respondents have nowhere averred that the petitioners ever misled the authorities or played any fraud or deceived them to secure the monetary benefit(s). (5). Applying the ratio decidendi of the Full Bench decision in Budh Ram & Others vs. State of Haryana & Others, 2009(3) PLR 511 and the later 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 permitted to be effected from the petitioners. (6). Consequently, the writ petition is allowed in part and the impugned orders to the extent of ordering recovery from the petitioners are hereby quashed. The respondents are directed to refund the amount, if any, already recovered from the CWP No.17700 of 2010.doc - 3 – petitioners within a period of three months from the date of receipt of a certified copy of this order. (7). Ordered accordingly (8). Dasti . 29.09.2010 vishal shonkar (SURYA KANT) JUDGE